#THE BENGAL RENT ACT, 1859 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Laws repealed and modified. 
2.  Ryot entitled to a pottah. 
3.  Ryots holding land at fixed rates to receive pottahs. 
4.  If rent of land be not changed for 20 years. 
5.  Ryots having right of occupancy but not holding at fixed rates, to receive pottahs. 
6.  Right of occupancy of ryot cultivating or holding land for 12 years. 
7.  Saving of terms of written contracts. 
8.  Pottahs to which ryots not having rights of occupancy are entitled. 
9.  Person granting pottah entitled to a counterpart engagement. 
10.  Exactions in excess of rent or receipt withheld. 
Form of receipt. 
11.  Landholder  not  to  compel  the  attendance  of  tenant  for  adjustment  of  rent  or  for    any  other 
purpose. 
Payment of rent to be enforced only under this Act. 
12.  Damages for extorting payment of rent by duress. 
13. Enhancement of rent of ryot holding without, or after expiry &c. of written engagement. 
14. Mode of contesting enhancement of rent. 
15. Dependent  talookdar  &c.  holding  land  at  fixed  rent  without  change  since  permanent settlement 
not liable to enhancement of rent. 
16. Rent of talookdar &c. not changed for twenty years to be  prima facie evidence of occupancy at 
that rent since permanent settlement.
17. Grounds on which ryot having right of occupancy is liable to enhanced rent.  
18. When ryot may claim abatement of rent. 
19. Relinquishment of land by ryot after notice given. 
20. What to be deemed an arear of rent under this Act. 
21. Lialility of ryot to be ejected for arrear due. 
22. Liability of farmer to have his lease cancelled for arrear adjudged due. 
Proviso.
23. Cognizance of suits under this Act. 
24. Suits by Zemindars against their agents for money or accounts. 
25. Ejectment of cultivators, farmer, &c. by Zemindars. 
26. Measurement of lands. 
27. Registry of transfers of talooks, &c. 
28. Applications to dispossess grantees of land exempt from revenue. 
29. Suits by or against Surburakars or Tuhseeldars of estates held khas. 
30. Time for commencement of suits generally. 
31. Time for commencement of suits for grant of pottahs, &c. 
32. Time for the commencement of suits for arrears of rent. 
33. Time for the commencement of suits against agents for money, papers, or accounts. 
34. Mode of instituting suits. Form of plaint or statement of claim. 
35. Statement by whom to be presented. 
36. Verification of statement.
Punishment for false verification.
37.  Statement of claim to be written on stamped paper. 
No stamp duty to be required for filing documents, &c. 
38. Documentary evidence to be produced by plaintiff. 
39. If plaintiff require production of document from defendant. 
40. Form of plaint in suits for arrears of rent. 
41. Form of plaint in suits for ejectment of ryot &c., or for recovery of occupancy or possession of 
land, &c.
42. Statement may be returned or allowed to be amended. 
43. Issue of summons; personal attendance of defendant may be required. 
44. The  day  to  be  specified  in  the  summons  how  to  be  fixed.  Defendant  to  be  ordered  to  produce 
necessary documents, and to bring witnesses willing to attend without process.
45. Summons how to be served. 
46. Endorsement by Nazir if summons has been personally served or not. 
47. Execution of process in another District. 
48. Cost of serving summons or warrant to be deposited in Court. 
49. Warrant of arrest in what cases to be issued. 
50. Procedure after arrest of defendant.   
51. Procedure when defendant is brought before the Collector under warrant. 
Form of security bond. 
52.  Procedure if warrant of arrest cannot be served upon the defendant. 
53.  Compensation for arrest applied for without reasonable cause. 
54.  Consequence of neither party appearing on the day trail. 
55.  If defendant only appear to dispute the demand, Collector shall pass judgment by default; but if 
defendant admit the claim, Collector shall decree upon such admission. 
Proviso. 
56. If plaintiff only appear, Collector may proceed ex parte. 
57. If defendant appear on day to which the case is postponed, Collector may allow him to be heard 
in answer to the suit.
58.  Revival, reversal, and alteration of decrees ex parte or by default. 
59.  On appearance of parties the parties to be examined by the Collector and may cross examine each 
other. 
60.  Examination of parties, &c. 
61.  Witnesses to be examined. 
62.  Documentary evidence to be produced by defendant. 
63.  After examination, Collector may make his decree it no further evidence is required. 
64.  Consequence of inability of agent to answer. 
65.  If necessary, Collector to record issue and to fix a day for hearing further evidence. 
66.  Parties  shall  produce  their  witnesses  on  the  day  of  trial;  or  Collector,  on  application  of  either 
party, shall issue summons for the affordance of witness. 
67.  Rules regarding attendance examination &c., of witness. 
68.  Consequence of parties not appearing on the day fixed for the trial of any issue. 
69.  Suits instituted or defended by Naibs, Gomastahs, &c. 
70.  Personal attendance of plaintiff or defendant not required in certain cases. 
71.  Employment of authorized agents or mookhtars. 
72.  Collector may grant time or adjourn hearing. 
73.  Collector may cause local enquiry to be made. 
74.  Defendant may pay money into Court in satisfaction of the demand. 
If  plaintiff elect  to  proceed  and  ultimately  recover no  further sum  than that  paid  into  Court,  he 
shall be liable to the subsequent costs.
75. No interest on deposits. 
76. If on trial of suit for delivery of pottah, parties do not agree as to the time for which the pottah is 
granted, Collector to fix the time.
77.  If in actions for rent a third person appear as claimant, he is to be made a party to the suit. 
78.  Suits for ejectment or cancelment of lease. 
79.  Judgment how to be pronounced. 
80.  If person required by the decree refuse to gant pottah, Collector may do so. 
81.  Refusal of person to execute kubooliyet as required by the decree. 
82.  Mode of executing decree for ejectment or re-instatement of ryot.  
Punishment for obstructing execution. 
83.  Mode of executing decree for cancelment of a lease or for ejectment or re-instatement of a farmer 
or tenant. 
84.  In  what  case  a  judgment-debtor  may  be  detained  or  imprisoned  without  issue  of  process  of 
execution. 
85.  Liability of surety on failure to deliver judgment-debtor into custody. 
86.  Issue of process of execution. 
87.  Application for execution against moveable property. 
88.  How long warrant shall continue in force. 
89.  Second and successive warrants. 
90.  After one year execution not to issue without notice. 
91.  Execution not to issue against heir or representative of a deceased party without notice. 
92.  No process of execution to he issued three years after date of judgment. 
93.  Warrant against the person.  
Limit of imprisonment.  
If arrest be for non-delivery of accounts. 
94.  No person to be imprisoned a second time under same judgment. 
95.  Diet-money to be deposited at the time of  issue of warrant. 
96.  Payment of diet-money in advance during imprisonment. 
97.  Diet-money to be costs in suit. 
98.  List of property to be prepared and proclamation of sale to be published, &c. 
99.  Custody and sale of moveable property taken in execution. 
100. Collector may stay sale of moveable property seized if a third party claim any interest therein. 
101. Collector to adjudicate such claims. 
102. Claimant failing to establish his right liable to pay compensation to judgment creditor. 
103. No appeal from order of Collector under the two last preceding Section. 
104. Sale not vitiated by irregularity in publishing or conducting the same. 
Proviso. 
105. Sale of transferable tenures in execution of decrees for arrears of rent. 
106. If third party claim to be the lawful possessor  of such  under-tenure, Collector to stay the sale 
and to enquire into and adjudicate upon the claim. 
107. Mode of adjudicating such claims. 
108. Executing of  decrees given in favor of shares in undivided estates or tenures. 
109.  In all cases of decrees for money, if judgment cannot be satisfied by sale of debtor’s moveable 
property, execution may be had against his immoveable property. 
110.  Mode of executing process if immoveable property be a house or other building.
If it be saleable under-tenure. 
If it be an estate or a share of an estate. 
111. Consequence of objection being offered before the sale of any immoveable property. 
112. Produce of the land to be held hypothecated for the rent. 
Arrears of rent may be recovered by distraint under the following rules. 
Cultivators who have given security to be exempt from distraint. 
113. No distraint in certain cases. 
114. Power of distraint to be exercised by managers under the Court of Wards, &c. 
115. Standing crops and crops gathered but not stored liable to distraint. 
116. Defaulter to be served with a written demand &c., before or at the time of distraint. 
117. Distress to be proportionate to the arrear if not paid or tendered. 
List of property to be distrained to be served on owner. 
118. Standing crops &c., when attached, to be reaped and stored by the cultivator, or, if he neglect to 
do so, by the distrainer. 
119. Distrainer may apply for aid to the Collector upon occasion of resistance made or apprehend. 
120. Persons empowered to distrain may give written authority to their servants to do so. 
121. Distress to be withdrawn if defaulter tender payment of arrear and expenses of attachment prior to 
the day of sale. 
122. Application for sale. 
123. Form of application. 
Cost of notice upon defaulter to be deposited by distrainer. 
124.  Procedure by Civil Court Ameen &c. on receipt of application. 
125.  Ameea to suspend sale on receipt of Collector's certificate of the institution of a suit. 
126.  Suit to contest distrainer's demand before issue of notice of sale. 
127.  Distress to be withdrawn on receipt of Collector's certificate that the owner has executed a bond 
with security to pay amount of decree with interest and costs.
128. On  expiration  of  period  fixed  in  the  proclamation  of  sale,  if  institution  of  suit  to  contest 
distrainer’s demand have not been certified, sale may be proceeded with.
129. Place and manner of sale of distrained property. 
130. If fair price he not offered, sale may be postponed to another day, and shall be then completed at 
whatever price may be offered.
131. Payment of purchase money. 
132. Proceeds of sale. 
133. Officers holding sales prohibited from purchasing. 
134. All irregularities to be reported to the Collector.
Officer not to proceed to sale, if he find that defaulter has not received due notice. 
135. Recovery of expenses if Ameen proceeds to place of sale and no sale takes place. 
136. Proceedings of Civil Court Ameens &c. subject to revision and orders of Collectors. 
137. Second proclamation of sale. 
138. Procedure after institution of suit to contest distrainer's demand. 
139. Any person, whose property has been distrained for arrear of rent alleged to be due from another, 
may institute a suit against the distrainer, &c. 
140. Procedure if distrainer's right to distrain be disputed. 
141. Persons prevented from suing in time to save their property from sale, may sue for damages. 
142. Also persons aggrieved by any illegal act of distrainer. 
143. Unlawful distraint. 
144. Time for commencing suits for damages. 
145. Resistance of distraint. 
146. Service of process. 
147. Resistance of process. 
148. Collector competent to hold a Court in any part of his jurisdiction. 
149. Agents or mookhtars. 
150. Powers of Deputy Collectors. 
151. Collectors and Deputy Collectors to be subject to direction and control of the Commissioners and 
the Boards of Revenue. 
No appeal from orders of Collectors and Deputy Collectors in certain cases. 
152. Time for presenting appeals from others. 
153. No appeal from any decree of Collector for money below 100 Rupees unless the decision involve 
some question of right to enhance rents or some question relating to a title to land. 
154. In suits not open to appeal, Collector may grant a re-hearing upon the discovery of new evidence, 
&c. 
155. Appeal from decision of Deputy Collector. 
156. Petition of appeal to be on stamp paper, &c. 
157. Procedure in appeal. 
158. Re-admission of appeal. 
159. Judgment in appeal. 
160. In what suits appeal to lie to Zillah Judge and in what to Sudden Court. 
161. Rules regarding presentation and hearing of appeals. 
162. Suits to be preferred in the Revenue Office of the District or Sub-division in which the greater 
part of the lands is situate.
163. Except  as  above,  Collector  not  to  exercise  jurisdiction  in  respect  to  land  situate  beyond  his 
District. 
164. Deputy Collector entrusted with Police functions, not to exercise judicial powers under this Act. 
165. What powers to be exercised by Assistants to Collectors. 
166. Saving of rights of proprietors in respect of Putnee Talooks &c. under Regulation VIII. 1819. 
167. Commencement of Act. 
168. Interpretation. 
SHEDULE.



#THE BENGAL RENT ACT, 1859 

##ACT NO. X OF 1859. 

###PASSED BY THE LEGISLATIVE COUNCIL OF INDIA 

*(Received the assent of the Governor General on the 29th April,* 1859.)
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*An Act to  amend the law relating to the recovery of Rent in the Presidency of Fort Willian in Bengal.*

**Preamble.**—WHEAREAS  it  is expedient to re-enact  with certain  modifications  the  provisions  of  the 
existing  law  relative to  the  rights  of ryots  with respect to  the  delivery  of  pottahs  and the occupancy  of 
land, to the prevention of illegal exaction and extortion in connection with demands of rent, and to other 
questions  connected with the same; to extend the jurisdiction of Collectors, and to prescribe rules for 
the trial of such questions, as well as of suits for the recovery of arrears of rent, and of suits arising 
out  of  the  distraint  of  property  for  such  arrears;  and  to  amend  the  law  relating  to  distraint  ;  It  is 
enacted as follows:—

**I. Law repealed and modified.**—The  following  Regulations  and  Acts  and  portions  of 
Regulations and Acts are hereby repealed, except in  far as they repeal any other Regulation or Act, 
and  except  as  to  proceedings  commenced  before  the  date  of  this  Act  coming  into  force,  namely, 
Regulation XVII. 1793 (*to empower landholders to distrain and sell the personal property of ryots 
&/c.*), So much of Regulation IV. 1794 (*to determine disputes regarding the grant of pottahs to ryots 
&c.*)  as is still in force, Regulation XXXV. 1795 (*for better enabling individuals to recover arrears 
of rent or revenue due to them*), Regulation XLV. 1795 (*to empower landholders in the Province of 
Benares  to  distain  &c.*),  Section    IX  and  X  regulation  LI.  1795 (*respecting  ryotty  pottahs  in  the 
Province of Benares*), Section I to XX Regulation VII. 1799 (*to enable landholders to realize their rents 
with  greater  punctuality  &c.*),  Section  I    to  XX  Regulation  V.  1800  (*to  enable  landholders  in  the 
Province  of  Benares to realize their rents with greater punctuality &c.*), Regulation XXVIII. 1803 (*to 
empower landholder in  the Ceded Provinces  distrain  &c.),  Sections  IX  and  X Regulation XXX. 
1803  (prescribing  rules  for  the  grant  in  the  Ceded  Provinces  of  pottahs  to  ryots,  &c.),  Section  IV 
Regulation II. 1805  (to provide a limitation  of time for certain suits &c.), Section XIX Regulation VIII. 
1805 (for extending certain regulation to the Ceded and Conquered Provinces &c.),Section V to XXIII 
Regulation  V.  1812  (for  amending  some  of  the  rules  at  present  in  force  for  the  collection  of  the  Land 
Revenue*), Section XV and XVI Regulation XIX. 1817 (*for amending certain Regulations in force relative 
to  process  for  recovery  of  arrears  of  rent  &c.*),  Section  XXVII  Regulation  XX.  1817  (relating  to 
resistance to distraint for arrears of rent &c.), Sections XVIII and XIX Regulation VIII. 1819 (relating to 
Putnee  Talooks  and  the  system  established  for  the  collection  of  rents  generally  &c.),  Sections  IV 
Regulation II. 1821 (relating to the duties of City and Zillah Judges &c.), Sections XXII, and so much of 
section  XX  and  the  following  Sections  of  Regulation  VII.  1822  (*relating  to  the  settlement  of  the  Land 
Revenue in the Ceded Province and Cuttack, &c.*) as  apply to suits for rent, to complaints of excessive 
demand or undue exaction of rent, or of the non-delivery of pottahs or receipts, to suits against agents for 
money  or  accounts,  or  to  any  other  suits  or  complaints  arising  out  of  disputes  between  landholders  or 
farmers  and  their  undertenants  respecting  the  rent  and  occupancy  of  land,  Regulation  XIV,  1824  (*for 
modifying the rules in force for referring to the Collectors’ summary suits in cases of arrear or exaction 
of rent*), Regulation VIII, 1831 (*for amending the existing provisions relative to the trial of summary suits 
and claims for arrears or exactions of rent*), Act I of 1839 (*relating to the appointment of persons to sell 
property distrained for the recovery of arrears to rent*), Act X of 1846 (*for regulating the proceedings in 
certain cases of distraint for arrears of rent*)—and  Act VIII of 1848 (*to modify the provisions of Sections 
IX,  X,  XI  and  XIII  of  Regulation  V.  1812  of  the  Bengal  Code.*)  Sections  XIV  and  XV  Regulation  IX. 
1833 (*for the more speedy decision of certain suits, and for enforcing the production of village account, 
&c.*), so far as the same are applicable to the territories under the Government of the Lieutenant-Governor 
of Bengal, are also repealed.

Such  parts  of  Regulation  VIII.  1793 (*prescribing  rules  for  the  decennial  settlement  of  the 
public Revenue in Bengal, Behar and Orissa, &c.*),  and  Regulation  XXX.  1803,  as  relate  to  the 
adjudication of penalties for the refusal of pottahs and receipts for rent and for the exaction of any sums 
as abwab or in excess of the amount specified in any engagements for the payment of rent, and such parts 
of Section XXVI Act I of 1845 (*to amend Act No. XII of 1841, entitled "an Act for amending the Bengal 
Code in regard to sales of land for arrears of Revenue)"*, as relate to the enhancement of rents and the 
ejectment of tenants by the purchaser of an estate sold for arrears of Government Revenue, are declared 
subject to the following modifications.

**II. Ryot entitled to a pottah.**—Every ryot is entitled to receive from the person to whom the rent 
of the land held or cultivated by him is payable, a pottah containing the following particulars:— 

The quantity of land; and where fields have been numbered in a Government survey, the number of 
each field.  

The amount of annual rent.

The instalments in which the same is to be paid.

And any special conditions of the lease. If the rent is payable in kind, the proportion of produce to be 
delivered, and the time and manner of delivery. 

**III. Ryots holding land at fixed rates to receive pottahs.**—Ryots who, in the Provinces of Bengal, 
Behar, Orissa, and Benares, hold lands at fixed rates of rent, which have not been charge from the time of 
the permanent settlement, are entitled to receive pottahs at those rates. 

**IV. If rent of land be not changed for 20 years.**—Whatever, in any suit under this Act, it shall be 
proved  that the  rent at    which land is  held  by  a  ryot in  the  said  Provinces,  has not  been  changed  for a 
period of twenty years before the commencement of the suit, it shall be presumed that the land has been 
held at. that rent from the time of the permanent settlement, unless the contrary be shown, or unless it be 
proved that such rent was fixed at some later period. 

**V. Ryots having right of occupancy but not holding at fixed rated, to receive pottahs.**— Ryots 
having rights of occupancy, but not holding at fixed rates, as described in the two preceding Sections, are 
entitled to receive pottahs at fair and equitable rates. In case of dispute, the rate previously paid by the 
ryot shall be deemed to be fair and equitable, unless the contrary be shown in a suit by either party under 
the provisions of this Act. 

**VI. Right of occupancy of ryot cultivating or holding land for 12 years.**— Every  ryot  who  has 
cultivated or held land for a period of twelve years has a right of occupancy in the land so cultivated or 
held by him, whether it be held under pottah or not, so long as he pays the rent payable on account of the 
same;  but  this  rule  does  not  apply  to  khomar,  neejjote,    or  seer land  belonging  to  the  proprietor  of  the 
estate or tenure and let by him on lease for a term or year by year, nor (as respects the actual cultivator) to 
lands sublet for a term or year by year by a ryot having a right of occupancy. The holding of the father, or 
other person from whom a ryot inherits, shall be deemed to be the holding of the ryot within the meaning 
of this Section.

**VII. Saving of terms of written contracts.**—Nothing contained in the last preceding Section shall be 
held  to  affect  the  terms  of  any  written  contract  for  the  cultivation  of  land  entered  into  between  a 
landholder and a ryot when it contains any express stipulation contrary thereto. 

**VIII.  Pottahs  to  which  ryots  not  having  rights  of  occupancy  are  entitled.**—Ryots  not  having 
rights of occupancy are entitled to pottahs only at such rates as may be agreed on between them and the 
persons to whom the rent is payable. 

**IX.  Person  granting  pottah  entitled  to  a  counterpart  engagement.**—Every  person  who  grants  a 
pottah  is  entitled  receive  from  the  person  to  whom  the  pottah  is  granted  a  kubooliyat  or  counterpart 
engagement in conformity with the terms of the pottah. The tender to any ryot of a pottah such as the ryot 
is entitled to receive shall be held to entitle the person to whom the rent is payable to receive a kubooliyat 
from such ryot. 

**X. Exactions in excess of rent or receipt withheld.**— Every under (from whom any stun is exacted 
in  excess  Exactions  in  excess  of  the  rent  specified  in  his  pottah,  or  payable  under  the  rent  or  receipt 
withheld. provisions of this Act, whether as abwab  any other pretext., and every under-tenant, ryot, or 
cultivator from whom a receipt is withheld for any sum of money paid by him as rent, shall be entitled to 
recover  from  the  person  receiving  such  rent,  damages  not  exceeding  double  the  amount  so  exacted  or 
paid.  

**Form of receipt.**—Receipts for rent shall specify the year or years on account of which the rent is 
acknowledged  to  have  been  paid;  and  any  refusal,  to  make  such  specification  shall  be  held  to  be 
withholding of a receipt. 

**XI. Landholder not to compel the attendance of tenant for adjustment of rent or for any other 
purpose.**—The power heretofore vested in Zemindars and other landholders of compelling the attendance 
of  their  tenants  for  the  adjustment  of  their  rents  or  for  any  other  purpose  is  with  drawn,  and  all  such 
persons are prohibited from adopting and means of compulsion for enforcing.  

**Payment of rent to be enforced only under this Act.**—payment of the rents due to them other than 
are authorized by the provisions of this Act. 

**XII. Damages for extorting payment of rent by duress.**—If payment of rent, whether the same be 
legally due or not, is extorted from any under-tenant or ryot by illegal confinement or other duress, such 
under-tenant or ryot shall be entitled to recover such damages, not exceeding in any case the sum  of two 
hundred Rupees, as may be deemed a reasonable compensation for the injury done him by such extortion. 
An award of compensation under this Section shall not bar or affect any penalty or punishment to which 
the person practising such extortion maybe subject by law.

**XIII.  Enhancement  of  rent  of  ryot  holding  without,  or  after  expiry  &c.,  of  written 
engagement.**—No  under-tenant  or ryot,  who  holds or  cultivates  land  without  a  written engagement 
on under a written engagement not specifying the period of such engagement, or whose engagement 
has expired, or has become cancelled in consequence of the sale for arrears of rent of revenue of the 
tenure or estate in which the land held or cultivated by him is situated, and has not been renewed, 
shall be liable to pay any higher rent for such land than the rent payable for the previous year, unless 
a written notice shall have been served on such under-tenant or ryot, in or before the month of Chief, 
specifying  the  rent  to  which  he  will  be  subject  for  the  ensuring  year,  and  the  ground  on  which  an 
enhancement  of  rent  is  claimed,  Such  notice  shall  be  served  by  order  of  the  Collector  on  the 
application (which may be on plain paper) of the person to whom the rent is payable, and shall, if 
practicable,  be  served  personally  on  the  under-tenant  or  ryot.  If  for  any  reason  the  notice  not  be 
served personally upon the under-tenant or ryot, it shall be affixed at his usual place of residence, or 
if he have no such place of residence in the District in which the land is situate, the mode of service 
of  such  notice  shall  be  by  affixing  it  at  the  Mal cutcherry  of  such  land  or other conspicuous  place 
thereon, or at the village Chowree or Chowpal or at some other conspicuous place in the village in 
which the land is situate. 

**XIV. Mode of contesting enhancement of rent.**—Any under-tenant or ryot, on whom such notice as 
aforesaid  has  been served,  may  contest  his liability  to  pay  the enhanced  rent  demand  of  him,  either  by 
complaint of excessive demand of rent as hereinafter provided, or in answer to any suit preferred against 
him for recovery of arrears of the enhanced rent. 

**XV.  Dependent  talookdar,  &c.,  holding  land  at  fixed  rent  without  change  since  permanent 
settlement  not liable to  enhancement  of  rent.**—No  dependent talookdar  or  other  person possessing  a 
permanent  transferable  interest  in  land,  intermediate  between  the  proprietor  of  an  estate  and  the  ryots, 
who, in the Provinces of Bengal, Behar, Orissa, and Benares, holds his talook  or tenure (otherwise than 
under  a  terminable  lease)  at  a  fixed  rent  which  has  not  been  charged  from  the  time  of  the  permanent 
settlement, shall be liable to any enhancement of such rent, anything in Section LI Regulation VIII. 1793, 
or in any other law, to the contrary notwithstanding.

**XVI.  Rent  of  talookdar,  &c.,  not  charged  for  twenty  years  to  be  prima  facia  evidence  of 
occupancy at that rent since permanent settlement.**—Whenever, in any suit under this Act, it shall 
be proved that the rent at which a talook or other tenure is held in the said Province has not been 
charged for a period of twenty years before the commencement of the suit, it shall be presumed  
that such talook or tenure has been held at that rent from the time of the permanent settlement, 
unless the contrary be shown, or it be proved that such rent was fixed at some later period. 

**XVII. Grounds on which ryot having right of occupancy is liable to enhanced rent.**— No ryot 
having a right of occupancy shall be liable to an enhancement of the rent previously paid by him except 
on some one of the following grounds, namely:— 

**That the rate paid by him is below that prevailing in adjacent places.**—That the rate of rent paid 
by  such  ryot  is  below  the  prevailing  rate  payable  by  the  same  class  of  ryots  for  land  of  a  similar 
description and with similar advantages in the places adjacent. 

**That the value of the land , &c., has increased independently of the ryot.**—That the value of the 
produce or the productive powers of the land have been increased otherwise than by the agency or at the 
expense of the ryot. 

**That the quantity of land held by the ryot is greater than he has paid rent for.**—That  the 
quantity  of  land  held  by  the  ryot  has  been  proved  by  measurement  to  be  greater  than  the  quantity  for 
which rent has been previously paid by him. 

**XVIII. When ryot may claim abatement of rent.**— Every ryot having a right of occupancy shall be 
entitled  to  claim  an  abatement.  of  the  rent  previously  paid  by  him,  if  the  area  of  the  land  has  been 
diminished by diluvion or otherwise or if the value of the produce or the productive powers of the land 
have been decreased by any cause beyond the power of the ryot or if the quantity of land held by the ryot 
has been proved by measurement to be less than the quantity for which rent has been previously paid by 
him; 

**XIX. Relinquishment of land by ryot after notice given.**— Any ryot, who desires to relinquish the 
land  held  or  cultivated  by  him,  shall  be  at  liberty  to  do  so  provided  he  gives  notice  of  his  intention  in 
writing to the person entitled to the rent of the land or his authorized agent in or before the month of cheit 
of the year  preceding that in which the relinquishment is to have effect. If he fail to give such notice, and 
the  land  is  not  let  to  any  other  person,  he  shall  continue  liable  for  the  rent  of  the  land  .  If  the  person 
entitled to the rent of the land or his agent refuse to receive any such notice and to sigh a receipt for the 
same,  the  ryot  may  make  an  application  on  plain  paper  to  the  Collector  who  shall  thereupon  cause the 
notice to the served on such person or his agent in the manner provided in Section XIII. 

**XX. What to be deemed an arrear of rent under the Act.**—Any instalment of rent which is not 
paid on or before the day when the same is payable according to the pottah or engagement, or, if there be 
no written specification of the time of payment, at or before the time when such instalement is payable 
according to established usage, shall be held to be an arrear of rent under this Act, and unless otherwise 
provided by written agreement, shall be liable to interest at twelve per centum per annum. 

**XXI. Liability of ryot to be ejected for arrear due.**— When an arrear of rent remains due from any 
ryot at the end of the Bengal year, or at the end of the month of Jeth of the Fusly or Willayutee  year, as 
the case may be, such ryot shall be liable to be ejected from the land in respect of which the arrear is due. 

**Proviso.**— Provided that no ryot, having a right of occupancy or holding under a pottah the term of 
which has not expired shall be ejected otherwise than execution of a decree or order under the provisions 
of this Act. 

**XXII. Liability of farmer to have his lease cancelled for arrear adjudged due.**— Then an arrear 
of  rent  shall  be  adjudged  to  be  due  from  any  farmer  or  other  lease-holder  not  having  a  permanent  or 
transferable interest in the land, the lease of such leaseholder shall be liable to be cancelled, and the lease-
holder to be rejected; 

*Proviso.*— Provided that no such lease shall be cancelled, nor the lease holder ejected otherwise, than 
in execution of a decree or order under the provision of this Act. 

**XXIII. Cognizance of suits under this Act.**—1. All suits for the delivery of pottahs or kubooliyets, 
or for the determination of the rates of rent at which such pottahs or kubooliyets are to be delivered;

2. All suits for damages on account  of the illegal exaction of rent or of any unauthorized cess or 
impost, or on account of the refusal of receipts for rent paid, or on account of the extortion of rent by 
confinement or other duress; 

3. All complaints of excessive demand of rent, and all claims to abatement of rent; 

4. All suits for arrears of rent due on account of land either kherajce or lakheraj, or on account of any 
rights of pasturage, forest-rights, fisheries, or the like; 

5. All suits to eject any ryot or to cancel any lease on account of the non-payment of arrears of rent or 
on account of a breach of the conditions of any contract by which a ryot may be liable to ejectment or a 
lease may be liable to be cancelled; 

6. All suits to recover the occupancy  or possession of any land, farm, or tenure, from which a ryot, 
farmer, or tenant has beet illegally ejected by the person entitled to receive rent for the same; 

7. All suits arising out of the exercise of the power of distraint conferred on Zemindars and others by 
Sections CXII and CXIV of this Act, or out of any acts done under color of the exercise of the said power 
as hereinafter particularly provided;  

shall be cognizable by the Collectors of land revenue and shall be instituted and tried under the provisions 
of this Act and, except in the way of appeal as provided in this Act, shall not be cognizable in any other 
Court or by any other Officer, or in any other manner.

**XXIV. Suits by Zemindars against their agents for money or accounts.**—Suits by Zemindars and 
others in receipt of the rent of land against any agents employed by them in the management of land or 
collection of rents, or the sureties of such agents, for money received or accounts kept by sue agents in the 
course of such employment, or for papers in their possession, shall be cognizable by the Collectors, and 
shall  be  instituted  and  tried  under  the  provisions  of  this  Act,  and  shall  not  be  cognizable  in  any  other 
Court except in the way of appeal as provided in this Act. 

**XXV. Ejectment of cultivators, farmer, &c., by Zemindars.**—If any Zemindar or other person in 
receipt of the rent of land requires assistance to eject any cultivator not having a  right of occupancy, or to 
eject any farmer or other tenant holding only for a limited period after the determination of his lease or 
tenancy  or  any  agent  after  the  determination  of  his  agency,  or  to  enforce  any  attachment  or  ejectment 
expressly  authorized  by  any  Regulation  or  Act,  he  shall  make  application  to  the  Collector,  and  the 
Collector shall proceed thereupon to enquire into the case and pass orders in the manner provided for suits 
under this Act. 

**Proviso.**—Provided that no such application for the ejectment of a farmer on the determination of a 
lease shall be received, if the lease be of the kind denominated ticca zur-i-peshgee or the like, in which an 
advance has been made by the leaseholder, and the proprietor’s right of the re-entry at the end of the term 
is contingent on the re-payment of such advance either ill money or by the usufruct of the land. In all such 
cases the parties must proceed by suit in the Civil Court. 

**XXVI. Measurement of lands.**— When rent is payable by an under-tenant or ryot at a certain rate or 
rates  according  to  the  quantity  of  land  held  or  cultivated  by  him,  or  when  any  written  engagement 
conditioned for the payment of a certain amount of rent on account of land held or cultivated by an under-
tenant or ryot has expired or become cancelled by the sale for arrears of revenue or rent of the estate or 
tenure in which the land is situate, the person to whom the rent is payable has a right to measure such land 
for  the  purpose  of  ascertaining  the  quantity  of  land  actually  held  or  cultivated  by  such  under-tenant  or 
ryot, and every proprietor of an estate or tenure has a right of making a general surveyor measurement of 
the lands comprised in such estate or tenure unless restrained from doing so by express engagement with 
the occupants of the lands. If any person intending to measure any land which he has a light to measure is 
opposed in making such measurement by the occupant of the land, or if any under-tenant or ryot, having 
received  notice  of  the  intended  measurement  of  land  held  or  cultivated  by  him  which  is  liable  to  such 
measurement,  refuses  to  attend  and  point  out  such  land,  such  person  may  make  application  to  the 
Collector, and the Collector shall thereupon proceed to enquire into the case in the manner provided for 
suits under this Act, and shall pass an order either allowing or disallowing the measurement, and, if the 
case so require, enjoining excusing the attendance of any such under-tenant or ryot. If any under-tenant or 
ryot after the issue of an order enjoining his attendance neglects to attend, it shall not be competent to him 
to contest the correctness of the measurement made in his absence.  

**XXVII. Registry of transfers of talooks, &c.**—All  dependent  talookdars  and  other  persons 
possessing a permanent transferable interest in land intermediate between the Zemindar and the cultivator 
are required to register, in the Sherishteh of the Zemindar or superior tenant to whom the rents of their 
talooks or tenures are payable transfers of such talooks or tenures, or portions of them, by sale, gift, or 
otherwise, as well as all  successions thereto, and divisions among heirs in cases of inheritance. And every 
Zemindar or superior tenant is required to admit to registry and otherwise give effect to all such transfers, 
when  made  in  good  fund,  and  all  such  successions  and  divisions.  If  any  Zemindar  or  superior  tenant 
refuse to admit to registry or other wise give effect to any such transfer or succession, the transferee or 
successor may make application to the Collector and the Collector shall thereupon proceed to enquire into 
the  case in  the  manner  provided  for suits  under this Act,  and if  no sufficient  grounds  are  show  for the 
refusal, shall pass an order enjoining the Zemindar or superior tenant to admit to registry and otherwise 
give effect to such transfer or succession.

**Proviso.**— Provided that no Zemindar or superior tenant shall be required to admit to registry or give 
effect to any division or distribution of the rent payable on account of any such tenure, nor shall any such 
division  or  distribution  of  rent  be  valid  and  binding  without  the  consent  in  writing  of  the  Zemindar  or 
superior tenant. 

**XXVIII. Applications to dispossess grantees of land exempt from revenue.**— So much of Section 
X Regulation XIX. 1793, Section X Regulation XLI. 1795, Section VI Regulation XXXI. 1803, Section 
XXI  Regulation  VIII.  1805,  and  Section  XXIV  Regulation  XII.  1805,  as  authorizes  and  requires 
proprietors  and  farmers  of  estates  and  dependent  talooks,  in  cases  in  which  grant  holding  land  exempt 
from the payment of revenue have been made subsequent  to the dates specified in the said Sections, of 
their own authority to collect the terms of such land, and to dispossess the grantees of the proprietary right 
in  the  land  and  to  re-annex  it  to  the  estate  or  talook  in  which  it  may  be  situate,  is  repealed;  'and  any 
proprietor or farmer who may desire to assess any such land or to dispossess any such grantee shall make 
app1ication to the Collector, and application  shall be dealt with as a suit under the provisions of this Act. 
Every such suit shall be instituted within the period of twelve years from the time when the title of the 
person Claiming the right to assess the land or dispossess the grantee, or of Borne person claiming under 
him, first accrued. If such period has already elapsed, or will elapse, or within two years from the date of 
the passing of this Act, such suit may be brought at any time within two years from such date. 

**XXIX. Suits by or against Surburakars or Tuhseeldars of estates held khas.**— All suits which 
under the provision of this Act may be brought by or against Zemidars or other persons in the receipt of 
the  rent  of  land,  may  be  brought  by  or  against  Surburakars  or  Tuhseedars  of  estates  held  under  khas 
management, whether such estates are the property of Government or of individuals If the Collector or the 
Surburakar  or  Tuhseeldar  of  any  such  estate  in  the  Provinces  of  Bengal,  Behar,  and  Orissa  proceed 
against any defaulting ryot or under-tenant of such estate under the powers vested in him by Section XXV 
Regulation  VII.  1799,  and  not  according  to  the  provisions  of  this  Act  such  ryot  or  under-tenant  may 
contest the demand on account of which he is so proceeded against by suit in the Civil Court. 

**XXX. Time for commencement of suits generally.**— Except as otherwise herein provided, all  suits 
instituted under this Act shall be commenced within the period of one year from the date of the accruing 
of the cause of action.

**XXXI. Time for commencement of suits for grant of pottahs, &c.**—Suits  for  the  delivery  of 
pottahs or kubooliyets and for the determination of the rates of rent at which such pottahs or kubooliyets 
are to be delivered, may be instituted at any time during the tenancy.

**XXXII. Time for the commencement of suits for arrears of rent.**—  Suits  for  the  recovery  of 
arrears of rent shall be instituted within three years from the last day of the Bengal  year or from the last 
day of the month of Jeth of the Fusly or Willayuttee year in which the arrear claimed shall have become 
due. For arrears of rent due at. the passing of this Act., suit shall be brought within three years after the 
passing of this Act, or within the period now allowed for the institution of such suit in the Civil Court, 
whichever may first expire.

**Proviso.**—Provided that, if the suit be for the recovery of rent at a higher rate than was payable in the 
previous  year,  such  rent    having  been    enhanced  after  issue  of  notice  under  section  XIII,  and  the 
enhancement not having been confirmed by any competent Court, the suit shall be instituted within three 
months  from  the  end  of  the  Bengal  year  or  of  the  month  of  Jeth  of  the  Fusly  or  Willayuttee  year,  on 
account of which such enhanced rent is claimed.

**XXXIII. Time for the commencement of suits against agents for money, papers, or 
accounts.**—Suits for the recovery of money in the hands of an agent or for the delivery of accounts or 
paper  by  an  agent,  may  be  brought  at  any  time  during  the  agency  or  within  one  year  after  the 
determination of the agency of such agent, or in the case of claims now existing within one year after the 
passing of this Act, or within the period now allowed for the institution of such suits in the Civil Court 
whichever may first expire. 

**Proviso.**—Provided that, if the person having the right to use shall , by means of  Fraud, have been 
kept from the knowledge of the receipt of any such money by the agent, of if any fraudulent account shall 
have been rendered by the agent, the suit may be brought within one year from the time when the fraud 
shall have been first known to such person; but no such suit shall in any case (except the case of claims 
now  existing  as  aforesaid  be  brought  at  any  time  exceeding  three  years  from  the  termination  of  the 
agency.

**XXXIV. Mode of instituting suits Form of plaint or statement of claim.**— Suits  under this  Act 
shall  be  instituted  by  presenting  to  the  Collector  a  plaint  or  statement  of  claim  which  shall  contain the 
name, description, and place of abode of the plaintiff : the name, description, and place of abode of the 
defendant,  so  far  as  they  can  be  ascertained;  the  substance  of  the  claim,  and  the  date  of  the  cause  of 
action. 

**XXXV. Statement by whom to be presented.**— The statement of claim shall be presented by the 
plaintiff, or by an authorized agent of the plaintiff who has personal knowledge of the facts of the case, or 
by an agent who shall he accompanied by a person who has such knowledge. 

**XXXVI. Verification of statement.**—The statement of claim shall be subscribed and verified at the 
foot by the plaintiff or his agent in the manner following or to the like effect:

I, A. B, do declare that the above statement is true to the best of my knowledge and belief.

**Punishment for false verification.**—If  the  statement  shall  contain  any  averment  which  the  person 
making  the  verification shall  know  or  believe  to  be false,  or shall  not  know  or believe  to  be true, such 
person shall be subject to punishment according to the law for the time being in force for the punishment 
of giving or fabricating false evidence. 

**XXXVII. Statement of claim to be written on stamped paper.**— In suits for the recovery of arrears 
of rent or of money in the hands of an agent, the statement of claim shall be written on  paper bearing a 
stamp  of  one-fourth  the  value  prescribed  for  suits  instituted  in  the  Civil  Court.  In  all  other  Suits  the 
statement shall be written on paper bearing a stamp of the value of eight annas. 

**No stamp duty to be required for filing documents, &c.**— No stamp shall be required respect of 
the production or filing of any document, or the summoning of any witness, or of any application for the 
execution of any order or judgment passed in a suit under this Act. 

**XXXVIII. Documentary evidence to be produced by plaintiff.**—If the plaintiff rely in support of 
his  claim  on  any  document  in  his  possession,  he  shall  deliver  the  same  to  the  Collector  at  the  time  of 
presenting  his  statement  of  claim.  Unless  such  document  be  delivered  in,  or  its  non-production  be 
sufficiently excused, or unless the Collector see fit to extend the time for producing the same, it shall not 
afterwards be admitted. 

**XXXIX. If plaintiff require production of document from defendant.**— If the plaintiff require the 
production of any document in the possession or power of the defendant, he may, at the time of presenting 
his statement of claim, delivery to the Collector a description of the document in order that the 

defendant may be required to produce the same.
 
**XL. Form of plaint in suits for arrears of rent.**—If the suit be for the recovery of an arrear of rent, 
the statement shall specify the name of the village and estate, and of the Pergunnah or other local division 
in which the land is situate; and If the arrear is alleged to be due from any ryot, the quantity of land, and 
where fields have been numbered in a Government Survey, the number of each field, the yearly rent. of 
the land, the amount (if any) received on account of the year for which he claim is made, the amount in 
arrear, and the time in respect of which it is alleged to be due. 

**XLI.  Form  of  plaint  in  suits  for  ejectment  of  ryot,  &c.,  or  for  recovery  of  occupancy  or 
possession of land, &c.**—If the suit be for ejectment of a ryot, farmer, or tenant, from any land, farm, or 
tenure, or for the recovery of the occupancy or possession of any land, farm, or tenure, the statement shall 
describe (as circumstances may require) the extent, situated, and designation of the same; and if necessary 
for the identification of the land, shall set forth the boundaries of such land. 

**XLII. Statement may be returned or allowed to be amended.**—If the statement of claim do not 
contain  the  several  particulars  hereinbefore  required  to  be  specified  therein,  or  be  not  subscribed  and 
verified  as  hereinbefore  required,  the  Collector  may  return  the  statement  to  the  plaintiff,  or  at  his 
discretion allow it to be amended. 

**XLIII. Issue of summons ; personal attendance of defendant may be required.**—If the statement 
of claim be in proper form, the Collector, except as otherwise hereinafter especially provided, shall direct 
the  issue  of  a  summons  to  the  defendant,  and  if  the  plaintiff  require  the  personal  attendance  of  the 
defendant, and satisfy the Collector that such personal attendance is necessary, or the Collector of his own 
accord require such personal attendance, the summons shall contain an order for the defendant to appear 
personally on a day to be specified in the summons, otherwise the summons shall order the defendant to 
appear  personally  or  by  an  agent  duly  authorized  on  his  behalf,  who  has  personal  knowledge  of  the 
subject, or who shall be accompanied by a person who has such personal knowledge. 

**XLIV. The day to be specified in the summons how to be fixed. Defedant  to  be  ordered  to 
produce necessary documents, and to bring witnesses wiling to attend without process.**— The day to 
be specified in the summons shall be fixed with reference to the state of the file and the distance that the 
defendant  may  be  or  be  supposed  to  be  at  the  time  from  the  place  where  the  Court  is  held,  and  the 
summons shall order the defendant to producing document which he may have in his possession of which 
the  plaintiff  demands  inspection,  or  upon  which  the  defendant  may  intend  to  rely  in  support  of  his 
defence. It shall also enjoin him to bring with him his witnesses if they are willing to attend without issue 
of process; and shall be in the form (A) contained in the Schedule to this Act, or to the like effect. 

**XLV. Summons how to be served.**—The  summons  shall  be  served  by  delivering  a  copy  of  the 
summons  to  the  defendant  personally  when  practicable;  or  if  the  summons  cannot  be  served  on  the 
defendant personally, by affixing a copy of it to some conspicuous part of his usual place of abode, and 
also affixing a copy of the same in the Collector's Office. 

**XLVI. Endorsement by Nazir if summons has been personally served or not.**— If the summons 
be served personally, the Nazir shall endorse on the summons the fact of such service. If personal service 
be not effected, the Nazir shall endorse on the summons the reason of not serving it personally, and how it 
has been served. 

**XLVII. Execution of process in another District.**—If the usual place of abode of the defendant to 
be another District, the summons, together with the cost of the service thereof, shall be sent by the public 
post  to  the  Collector  of  such  District,  who  shall  issue  the  summons,  and  return  the  same,  after service, 
with the prescribed endorsement to the Officer by whom it was transmitted to him. 

**XLVIII. Cost of serving summons or warrant to be deposited in Court.**—The amount of the cost 
of serving the summons, or if a warrant be issued as provided in the next succeeding Section, of serving 
the warrant, shall in all cases to deposited in Court upon the same day or the day next following that on 
which the plaint or statement of claim is presented to the Collector. If the said amount be not so deposited 
(except in cases in which the Collector may allow the issue of summons free of cost under the discretion 
reserved to him in Section CXLVI), the case shall not  brought on the file of suits: but in such case the 
plaintiff may present another plaint at any time within the period allowed by the rules for the limitation of 
actions.
 
**XLIX. Warrant of arrest in what cases to be issued.**--If in any suit against an under-tenant or ryot 
for  the  recovery  of  an  arrear  of  rent,  or  against  an  agent  for  the  recovery  of  any  money,  papers,  or  
accounts, the plaintiff desires a warrant of arrest to be issued against the defendant, such defendant being 
resident  within the  district in  which the  suit  is  instated,  he shall  present  with  his  statement  of  claim  an 
application for the issue of such warrant. When such application is presented, the Collector shall examine 
the plaintiff or his agent, on his oath or affirmation or otherwise according to the law for the time being in 
force in relation to the examination of witnesses, and inspect the documents adduced by him in support of 
his claim, and if there be prima facia grounds for believing the claim to be well-founded, and that, if a 
summons be issued, the defendant will abscond instead of appearing to answer the claim, the Collector 
may issue a warrant for the arrest of the defendant. The Collector shall fix a reasonable time for the return 
of the warrant which shall be in the form (B) contained in the Schedule to this Act or to the like effect, 
and the Officer entrusted with the service of the warrant shall at the time of arresting the defendant deliver 
to  him  a  notice  addressed  to  the  defendant  (which  shall  be  in  form  (C)  in  the  Schedule  or  to  the  like 
effect) containing the particulars of in the claim, and requiring the defendant, if he contest the claim, to 
bring with him any document upon which he may intend to rely in support of his defence, But no warrant 
shall  be  issued  in  a  suit  for  arrears  of  rent  due  in  respect  of  a  dependent  talook  or  other  transferable 
tenure, which, as hereinafter provided, is liable to sale in execution of any decree which may be passed in 
the case. 

**L. Procedure after arrest of defendant.**— If a defendant be arrested under the warrant of arrest, he 
shall  be brought  with all  convenient  speed  before  the  Collector,  and  the  Collector  shall  commit  him  to 
custody unless he deposit in Court such sum as may be specified in the notice. 

**LI. Procedure when defendant is brought before the Collector under warrant.**—When  a 
defendant  is  brought  before  the  Collector  under  warrant,  the  Collector  shall  with  all  convenient  speed 
proceed to try the case in the manner hereinafter provided; and if the suit cannot be at once adjudicated 
,the Collector may, if he think fit, require the defendant to give security for his appearance whenever , the 
same may be required at any time whilst the suit is depending or until execution of the final decree which 
may be passed thereon, and may commit the defendant to the Civil jail to be there detained until he shall 
furnish such security or deposit such sum as the Collector shall order. 

**Form of security bond.**— The security bond shall be in the form (D) contained in the Schedule to 
this Act or to the like effect. 

**LII. Procedure if warrant of arrest cannot be served upon the defendant.**—If  the  defendant 
cannot arrested under the warrant, the Collector, on the application of the plaintiff, shall either postpone 
the case for such period as he may think proper in order that the plaintiff may apply within the said period 
for another warrant to be issued for the arrest of the defendant, or shall forthwith issue a proclamation to 
be  affixed  in  his  own,  Office  and  at  the  residence  of  the  defendant  fixing  a  day  for  the  hearing  of  the               
case, which shall not be less than ten days from the date of the publication of the notice, at the residence 
of the defendant. If the defendant shall appear in pursuance of the proclamation, he shall be dealt with as 
provided in the last preceding Section.

**LIII. Compensation for arrest applied for without reasonable cause.**—If  it  shall  appear  to  the 
Collector that the arrest of the defendant was applied for without reasonable cause, the Collector may in 
his decree award to the defendant such sum not exceeding one hundred Rupees as he may deem a reason 
able compensation for any injury or loss which the defendant may have sustained by reason of such arrest 
or of his detention in jail during the pendency of the suit.

**LIV. Consequence of neither party appearing on the day of trail.**—  If  on  the  day  fixed  by  the 
summons  or  proclamation  for  the  appearance  of  the  defendant,  or  on  any  subsequent  day  to  which  the 
hearing of the case may be adjourned prior to the recording of an issue for trial as hereinafter provided, 
neither  of  the  parties  appear  in  person  or  by  an  agent,  the  case  shall  be  struck  off,  with  liberty  to  the 
plaintiff to bring a fresh suit unless precluded by the rules for the limitation of actions. 

**LV. If defendant only appear to dispute the demand, Collector shall pass judgment by default; 
but if defendant admit the claim, Collector shall decree upon such admission.**—If on any such day 
the defendant only  appear,  the  Collector  shall  pass judgment  against. the  plaintiff by  default  unless the 
defendant admit the cause of action, in which case the Collector shall proceed to give judgment for the 
plaintiff upon such admission without costs;  

**Proviso.**—Provided that such judgment, if there be more than one defendant, shall be only against the 
defendant who makes the admission.

**LVI. If plaintiff only appear, Collector may proceed ex parte.**— If on any such day the plaintiff 
only appear, the Collector, upon proof that the summons or proclamation has been duly served according 
to the provisions of this Act, shall proceed to examine the plaintiff or his agent, and after considering the 
allegations of the plaintiff, and any documentary or oral evidence adduced by him, may either dismiss the 
case or postpone the hearing of it to a future day for the attendance of any witness the plaintiff may wish 
to call, or may pass judgment ex parte against the defendant. 

**LVII. If defendant appear on a day to which the case is postponed, Collector may allow him to 
he  heard  in  answer  to  the  suit.**—If  the  defendant  shall  appear  on  any  subsequent  day  to  which  the 
hearing  of  the  suit  may  be  postponed  under  the  last  preceding  section,  the  Collector  may  upon  such 
conditions,  if any,  as  to  costs  or  otherwise  as  he  may  think  proper,  allow  the  defendant  to  be  heard, in 
answer to the suit as if he had appeared on the day fixed for his attendance. 

**LVIII. Revival, reversal and alteration of decrees ex parte or by default.**—No  appeal  shall  lie 
from the judgment passed ex parte against a defendant who has not appeared, or from a judgment against 
a plaintiff by default for non-appearance. But in  all such cases if the party against whom judgment has 
been given shall appear, either in person or by agent, if a plaintiff within fifteen days from the date of the 
Collector's order, and if a defendant within fifteen days after any process for enforcing the judgment has 
been executed, or at any earlier period, and shall show good and sufficient cause for his previous non-
appearance and shall satisfy the Collector that there has been a failure of justice, the Collector may, upon 
such  terms  and  conditions  as  to  costs  or  otherwise  as  he  may  think  proper,  revive  the  suit  and  alter  or 
rescind the decree, according to the justice of the case. But no decree shall be reversed or altered without 
previously summoning the adverse party to appear and be heard in support of it. 

**LIX. On appearance of parties the  parties  to  be  examined  by  the  Collector,  and  my  cross 
examine each other.**—When  both  parties  appear  in  person  or  by  agent  on  the  day  named  in  the 
summons, or upon any subsequent day to which the hearing of the case may be adjourned, for sufficient 
reason to be recorded by the Collector, the Collector shall proceed to examine such of the parties as may 
be present, and either party or his agent may cross-examine the other. If either of the parties be not bound 
to attend personally, any agent by whom he shall appear, or any person who shall accompany such agent, 
shall  be  examined  and  cross-examined  in  like  manner  as  the  party  himself  would  have  been  if  he  had 
attended personally. At the time of examination  the defendant, if he think fit, may file a written statement 
of his defence. 

**LX. Examination of parties, &c.,**—The  examination  of  the  parties  or  their    agents  or  such  other 
persons as aforesaid shall be upon oath or affirmation or otherwise according to the law for the time being 
in force relative to the examination of witnesses. The substance of the examination  shall be reduced to 
writing in the vernacular language of the Collector and filed with the record. 

**LXI. Witnesses to be examined.**—If either of the parties shall bring forward a witness on such day, 
the Collector may take the evidence of such witness.

**LXII. Documentary evidence to be produced by defendant.**—If  the  defendant  rely  on  any 
document in support of his defence, he shall deliver the same into Court at the first  hearing of the suit; 
and unless such document be so delivered in,  or its non-production be sufficiently excused, or unless the 
Collector see fit to extend the time for producing the same, it shall not after-wards be admitted. 

**LXIII. After examination, Collector may make his decree if no further evidence is required.**—If 
after the examination required by section LIX and also the examination of any witness who may attend to 
give  evidence  on  behalf  of  either  of the  parties,  and after  a consideration  of the  documentary  evidence 
adduced,  a  decree  can  be  properly  made  without  further  evidence,  the  Collector  shall  make  his  decree 
accordingly.
 
**LXIV. Consequence of inability of agent to answer.**—If on such examination as aforesaid the agent 
of  either  party  be  unable  to  answer any  material  question relating  to  the case which the  Collector is of 
opinion  that  the  party  whom  he  represents  ought  to  answer,  and  is  likely  to  be  able  to  answer  if 
interrogated in person, the Collector may postpone the hearing of the case to a future day, and direct that 
the party whose agent may have been unable to answer as aforesaid shall  attend in person on such day; 
and if the party so directed to attend shall fail to appear in person on the day appointed, the Collector may 
pass judgment as in case of default or make such other orders as he may deem proper in the circumstances 
of the case. 

**LXV. If necessary, Collector to record issue and to fix a day for hearing further evidence.**—If 
on such examination as aforesaid it appear that the parties are at issue on any question upon which it is 
necessary  to  hear  further  evidence,  the  Collector  shall  declare  and  record  such  issue,  and  shall  fix  a 
convenient day for the examination of witnesses and the trial of the suit; and the trial shall take place on 
that  day  unless  there  be  sufficient  reason  for  adjourning  it,  which  reason  shall  be  recorded  by  the 
Collector.  

**LXVI. Parties shall produce their witnesses on the day of trial; or Collector on application of 
either  party  shall  issue  summons  for  the  attendance  of  a  witness.**—The  parties  shall  bring  forward 
their  witnesses  on  the  day  of  trial,  and  if  either  party  require  assistance  to  procure  the  attendance  of  a 
witness on such day either to give evidence or to produce a document, he shall apply to the Collector in 
sufficient time before the day fixed for the trial, to enable the witness to be summoned to attend on that 
day; and the Collector shall issue a summons requiring such witness to attend.  

**LXVII. Rules regarding attendance, examination, &c. of witnesses.**—The  provisions  of  the 
Regulations and Acts and all other rules for the time being in force relating to the evidence of witnesses, 
for  procuring  the  attendance  of  witnesses  and  the  production  of  documents,  and  for  the  examination, 
remuneration, and punishment of witnesses, whether parties to the case or not, in  cases before the Civil 
Courts  of  the  Presidency  of  Bengal,  shall,  except  so  far  as  the  same  may  be  inconsistent  with  the 
provisions of this Act, apply to and be of equal force and effect in suits under this Act. 

**LXIII. Consequence of parties not appearing on the day fixed for the trial of any issue.**—If on 
the day fixed for the trial of any issue neither of the parties appear, the case shall be struck off under the 
conditions provided in section LIV. If on any such day one only of the parties appear, the issue may be 
tried and determined in the absence of the other party upon such proof as may be then before the Court. 

**LXIX. Consequence of parties not appearing on the day fixed for the trial of any issues.**—When 
suits under this  Act are instituted  or defendant  by  Naibs,  Gomastahs,  or  other  persons employed  in  the 
collections of rent, or management or land in the name and on the behalf of the landholders by whom they 
are so employed, all the provisions of this Act, by which the personal appearance or attendance of parties 
to  a  suit  is  or  may  be  required,  shall  be  applicable  to  such  Naibs,  Gomastahs,  or  other  persons  ;  and 
anything which by this Act is required or permitted to be done by a party in person, may be done by any 
such  person  as  aforesaid.  Processes  served  on  any  such  person  shall  be  as  effectual  for  all  purpose  in 
relation to the suit as if the same had been served on the landholders in person, and all the provisions of 
this  Act  relative  to  the  service  of  processes  on  a  party  to  the  suit  shall  be  applicable  to  the  service  of 
processes on such person. 

**LXX. Personal attendance of plaintiff or defendant not required in certain cases.**—A plaintiff or 
defendant  shall  not  be  required  to  attend  in  person  if  of  the  female  sex  and  of  a  rank  or  class    which 
according to the custom and manners of the country would render it improper for her to appear in public. 

**LXXI.  Employment  of  authorized  agents  of  mookhtara.**—Any  party  to  a  suit  may  employ  an 
authorized  agent  or  mookhtar  to  conduct  the  case  on  his  behalf,  but  the  appointment  of  such  agent  or 
mookhtar shall not excuse the personal attendance of the plaintiff or defendant in cases where his personal 
attendance  is  required  by  the  summons  or  any  order  of  the  Court;  and  no  fee  for  any  agent  shall  be 
charged as part of the costs of suit in any case under this Act.

**LXXII. Collector may grant time or adjourn hearing.**—The Collector may in any case grant time 
to the plaintiff or defendant to proceed in the prosecution or defence of a suit and may also from, time to 
time,  in  order  to  the  production  of  further  proof  or  for  other  sufficient  reason  to  be  recorded  by  the 
Collector, adjourn the hearing or further hearing of any case in such manner as to him may seem fit. 

**LXXIII. Collector may cause local enquiry to be made.**—The Collector may at any stage of a case 
cause a local enquiry and report respecting the matter in dispute to be made by any officer subordinate to 
him,  or  by  any  other  Officer  of  Government  with the  consent  of  the  authority  to  whom  such  officer  is 
subordinate, of may himself proceed to the spot and make such local enquiry in person. The provisions of 
the law for the time being in force relative to local enquiries by Ameens or Commissioners under orders 
of the Civil Courts shall apply to any local enquiry made by any Officer under this section, and, so far as 
they  are  applicable, to  enquiries  made  by  the  Collector  in  person.  In  the  latter  case the  Collector,  after 
completing the enquiry, shall record on the proceedings such observations as appear to him appropriate, 
and the observations so recorded shall be received as evidence in the suit.

**LXXIV. Defendant may pay money into Court in satisfaction of the demand.**—The defendant in 
any action under this Act may pay into Court such sum of money as he shall think a full satisfaction for 
the  demand  of  the  plaintiff,  together  with  the  costs  incurred  by  the  plaintiff  up  to  the  time  of  such 
payment, and such sum shall be paid to the plaintiff. 

**If plaintiff elect to proceed and ultimately recover no further sum than that paid into Court, he 
shall  be  liable  to  the  subsequent  costs.**—If  the  defendant  deposit  less  than  the  sum  claimed  and  the 
plaintiff elect to proceed in the case, and ultimately recover no further sum than shall have been paid into 
Court,  the  plaintiff  shall  be  charged  with  any  costs  incurred  by  the  defendant  in  the  suit  after  such 
payment. 

**LXXV. No interest on deposits.**–--No interest shall be allowed to a plaintiff on any sum paid by the 
defendant into Court from the date of such payment, whether such sum be in full of the plaintiff's claim or 
fall short thereof.

**LXXVI. If on trial of suit for delivery of pottah, Parties do not agree as to the time for which 
the  pottah is granted,  Collector  to fix  the  time.**—If  on the trial  of  a  suit  for the  delivery  of  a  pottah 
instituted by a ryot having a right of occupancy the parties do not agree as to the term for which the pottah 
is to be granted, the Collector shall fix such term as under the circumstances of the case he may think just 
and proper. 

**Proviso.**— Provided that the term shall not in any case be longer than ten years, and in estates not 
permanently settled shall not extend beyond the period for which the proprietor of the estate has engaged 
with Government. Provided also that, if the defendant be farmer or other person having only a temporary 
interest in the land, the term of the pottah shall not extend beyond the period of the continuance of such 
interest.  For  cultivators  not  having  a  right  of  occupancy,  the  term  of  pottah  shall  be  exclusively  in  the 
discretion of the person entitled to the rent of the land. 

**LXXVII. If in actions for rent a third person appear as claimant, he is to be made a party to the 
suit.**—When  in  any  suit  between  a  landholder  and  a  ryot  or  undertenant  under  this  Act,  the  right  to 
receive the rent of the land or tenure cultivated or held by the ryot or undertenant is disputed, and such 
right is claimed by or on behalf of a third person on the ground that such third person or a person through 
whom he claims has actually and in good faith received and enjoyed such rent before and up to the time 
of the commencement of the suit, such third person shall be made a party to the suit, and the question of 
the actual receipt and enjoyment of the rent by such third person shall be enquired into, and the suit shall 
be decided according to the result of such enquiry. 

**Proviso.**—Provided always that the decision of the Collector shall not affect the right of either party, 
who may have a legal title to the rent of such land or tenure, to establish his title by suit in the Civil Court 
if instituted within one year from the date of the decision. 

**LXXVIII. Suits for ejectment or cancelment of lease.**—Any person desiring to eject a ryot or to 
cancel a lease on account of non-payment of arrears of rent, may sue for such ejectment or cancelment 
and for recovery of the arrear in the same action, or may adduce any unexecuted decree for arrears of rent 
as evidence of the existence of such arrear in a suit for such ejectment or cancelment. In all cases of suits 
for the ejectment of a ryot or the cancelment of a lease, the decree shall specify the amount of the arrear, 
and if such amount together with interest and costs of suit be paid into Court within fifteen days from the 
date of the decree, execution shall be stayed. 

**LXXIX. Judgment how to be pronounced.**—The  Collector  shall  pronounce  judgment  in  open 
Court. The judgment  shall  be  written  in  the Vernacular  language  of the  Collector  and  shall contain  the 
reasons for the same, and shall be dated and signed by the Collector at the time when it is pronounced. 

**LXXX. If person required by the decree refuse to grant pottah, Collector may do so.**—When a 
decree is given for the delivery of a pottah, if the person required by the decree to grant such pottah refuse 
or delay to grant the same, the Collector may grant a pottah in conformity with the terms of the decree 
under his own hand and seal, and such pottah shall be of the same force and effect as if granted by the 
person aforesaid. 

**LXXXI. Refusal of person to execute kubooliyat as required by the decree.**—When a decree is 
given  for  the  delivery  of  a  kubooliyet,  if  the  person  required  by  the  decree  to  execute  such  kubooliyet 
shall refuse to execute the same, the decree shall be evidence of the amount of rent claimable from such 
person, and a copy of the decree under the hand and seal of the Collector shall be of the same force, and 
effect as a kubooliyat executed by the said person. 

**LXXXII. Mode of executing decree for ejectment or re-instatement of ryot.**—If the decree be for 
the  ejectment  of  any  ryot  from  land  occupied  by  him,  or  for  the  re-instatement  of  any  ryot  in  the 
occupancy of land from which he has been ejected, the decree shall be executed by giving the possession 
or occupancy of the land to the person entitled by the decree to such possession or occupancy. 

**Punishment for obstructing execution.**—If any opposition is made to the execution of the order for 
giving such possession or occupancy by the party against whom the order is made the Magistrate, on the 
application of the Collector, shall give effect to the same.

**LXXXIII. Mode of executing decree for cancelment of a lease or for ejectment or re-instatement 
of a farmer or tenant.**— If the decree be for the cancelment of any lease or the ejectment of any farmer 
or  other  person  (not  being  an  actual  cultivator)  or  for  the  re-instatement  of  any  farmer  or  other  such 
person in the possession of a farm or tenure from which he has been ejected, the decree shall be executed 
by proclaiming the substance of the decree to the cultivators or other occupants by beat of drum or in such 
other manner as may be customary, and affixing the same in some conspicuous place within or adjacent to 
the farm or tenure. 

**LXXXIV.  In  what  case  a  judgment-debtor  may  be  detained  or  imprisoned  without  issue  of 
process of execution.**—If  the  decree  be  for  arrears  of  rent  or  for  money,  papers,  or  accounts,  and  the 
defendant  have  been  committed  to jail  or  appear  pursuant to the conditions  of  any  security  bond  given 
under section LI, the Collector may order that he be detained in or committed to the Civil jail, unless he 
immediately pay into Court the amount of the decree with costs, or otherwise comply with the terms of 
the decree. 

**LXXXV. Liability of surety on failure to deliver judgment-debtor into custody.**—If  the 
judgment-debtor have given security for his appearance and be not present when judgment is pronounced, 
and the surety shall fail to deliver him into custody when required so to do, process of execution may be 
taken out against the surety in the same manner as if a decree for the amount due  by the debtor had been 
passed against the surety. If the decree be for the delivery of papers or accounts, and the defendant be not 
present when judgment is pronounced and the surety shall fail to deliver him into custody when required 
so  to  do,  execution  may  be  taken  out  against  the  surety  for  the  sum  due  under  the  bond  in  the  same 
manner as if a decree for that sum had been passed against the surety. 

**LXXXVI.  Issue  of  process  of  execution.**—Process  of  execution  may  be  issued  against  either  the 
person or the property of a judgment debtor; but process shall not be issued simultaneously against both 
person and property. Process of execution against the person or moveable property of a debtor shall be in 
the form (E) or (F) contained in the Schedule to this Act, or to the like effect. 

**LXXXVII.  Application  for  execution  against  moveable  property.**—Any  moveable  property 
required to be seized under an execution shall, if practicable, be described in a list to be furnished by the 
judgement-creditor, but if the creditor is unable to furnish such list he may apply for a general attachment 
of  the  debtor’s  effects  to the  amount  of  the judgment  and costs.  In  either  case the  property  to  b  seized 
shall be pointed out to the Officer entrusted with the execution of the process by the creditor or his agent. 

**LXXXVIII. How long warrant shall continue in force.**—Every  warrant  of  execution  shall  bear 
date on the day on which it is signed by the Collector and shall continue in force for such period as the 
Collector may direct, not being more than sixty days calculated from such date. 

**LXXXIX. Second and successive warrants.**—Second and successive warrants of execution may be 
issued  by  order  of  the  Collector  on the  application  of  the judgment-creditor  after the   expiration of the 
period fixed for the continuance in force of a previous warrant.

**XC. After  one  year  execution  not  to  issue  without  notice.**—Process  of  execution  shall  not  be 
issued upon any judgment without previous notice to the party against whom execution is applied for, if, 
when application for the issue of the process is made, a period of more than one year shall have elapsed 
from the date of the judgment or from the date of the last previous application for execution. 

**XCI. Execution not to issue against heir or representative of a deceased party without notice.**— 
Execution  on  a  judgment  shall  not  issue  against  the  heir  or  other  representative  of  a  deceased  party 
without notice to such heir or other representative to appear and be heard. 

**XCII. No process of execution to be issued three years after date of judgment.**— No process of 
execution of any description whatsoever shall be issued, on a judgment under this Act, after the lapse of 
three  years  from  the  date  of  such  judgment,  unless  the  judgment  be  for  a  sum  exceeding  five  hundred 
rupees,  in  which  case  the  period  within  which  execution  may  be  had  shall  be  regulated  by  the  general 
rules in force in respect to the period allowed for the execution of decrees of the Civil Courts. 

**XCIII. Warrant against the person.**—  If  a  warrant issue  for  taking  in  execution  the body  of  any 
person, the Officer charged with the execution of the warrant shall bring him with all convenient speed 
before the Collector. If such person shall not then deposit in Court the full amount specified in the warrant 
or make such arrangement for the payment of the same as shall be satisfactory to the judgment-creditor, 
or satisfy the Collector that he has no present means of paying the debt, the Collector shall send him to 
the Civil jail there to remain for such time as shall be directed by a warrant addressed to the keeper of the 
jail, unless he shall in the meantime pay the full amount for the payment of which he is liable under the 
decree.

**Limit of imprisonment.**—Provided that the time for which a debtor may be confined in execution of 
a  decree  under  this  Act  shall  not  exceed  three  calendar  months  when  the  amount  decreed  exclusive  of 
costs  does  not  exceed  fifty  rupees,  or  six  calendar  months  when  such  amount  does  not  exceed  five 
hundred rupees, or two years in any other case.

**If arrest be for non-delivery of accounts.**—If the decree against any person arrested under a warrant 
be  for the delivery of papers or accounts and the papers or accounts shall not be delivered by him when 
he is brought before the Collector, such person may be committed to the Civil jail there to remain for such 
time  not  exceeding  six  calendar  months  as  the  Collector  shall  direct,  unless  he  shall  in  the  meantime 
deliver the papers or accounts according to the terms of the decree. 

**XCIV. No person to be imprisoned a second time under same judgment.**—  Any  person  once 
discharged from jail shall not be imprisoned  a second time under the same judgment. If the amount due 
under the  decree  do  not  exceed  one  hundred  rupees,  the  Collector  may  declare such  discharged  person 
absolved  from  further  liability  under  that  decree.  In  other  cases  the  discharge  shall  not  extinguish  the 
liability of the discharged person under the decree, or exempt any property belonging to such person from 
attachment in execution of the same. 

**XCV.  Diet-money  to  be  deposited  at  the  time  of  issue  of  warrant.**—Any  person  applying  for  a 
warrant of arrest under section XLIX or suing out process of execution against the body of any person, 
shall deposit in Court, at the time of issue of the warrant, diet-money for one month of thirty days at such 
rate as the Collector may direct, not exceeding two annas per diem, unless the Collector for any special 
reason direct that deposit be made at a higher rate, which shall not exceed four annas per diem. 

**XCVI. Payment of diet-money in advance during imprisonment.**—Payment of diet-money at the 
same rate shall be made previously to the commencement of each succeeding month of the imprisonment, 
in failure of which the party confined shall be discharged.

**XCVII. Diet-money to be costs in suit.**—All  diet-money  spent  in  providing  subsistence  for  any 
prisoner shall be added to the costs in the suit, and any diet-money not so spent shall be returned to the 
person who deposited the same.

**XCVIII.  List  of  property  to  be  prepared  and  proclamation  of  sale  to  be  published,  &c.**—In 
executing a writ of execution against the moveable property of a debtor liable under this Act, the Officer 
charged with the execution of the writ shall prepare a list of the property pointed out by the Judgment-
creditor, and shall publish a proclamation specifying the day upon which the sale is intended to be held 
together with a copy of the said list at the intended place of sale and at the residence of the debtor. A copy 
of the said proclamation and list shall be transmitted  to the Collector and shall be  affixed in his Office.  

**XCIX. Custody and sale of Moveable property taken in execution.**—No  sale  of  any  moveable 
property taken in execution shall be made until after the end of ten days next following the day on which 
such property may have been so taken. Until such sale the property shall be deposited in some fit place or 
it may remain in custody of some fit person approved by the Officer executing the writ. The Provisions of 
Sections  CXXIX  to  CXXXIII,  so  far  as  the  same  are  applicable,  shall  be  applied  to  sales  under  this 
Section.

**C.  Collector  may  stay  sale  of  moveable  property  seized  if  a  third  party  claimany  interest 
therein.**—If before the day fixed for the sale a third party appear before the Collector and claim a right or 
interest in any of the moveable property taken in execution, the Collector shall examine such party or his 
agent, on oath or affirmation or otherwise, according to the law for the time being in force relative to the 
examination of witnesses, and if he see sufficient reason for so doing may stay the sale of such property. 

**CI. Collector to adjudicate such claims.**—The Collector shall adjudicate upon such claim and make 
such order between the claimant and the plaintiff and defendant in the original suit as shall seem fit. In 
trying such claim the Collector shall be guided by the rules contained in this Act so far as they may be 
applicable. 

**CII. Claimant  failing to establish his right liable to pay compensation to judgment-creditor.**— 
If the claimant shall fail to establish his right to the property taken in execution, the Collector at the time 
of  disposing  of  the  case  may  award  to  the  judgment-creditor  against  such  claimant  as  part  of  the  costs 
such  sum  as  he  may  consider  sufficient  to  cover  any  loss  of  interest  or  damage  which  the  judgment-
creditor may have sustained by reason of the postponement of the sale of the property. 

**CIII. No appeal from order of Collector under the two last preceding sections.**—  No  appeal 
shall  lie  from  any  order  passed  by  the  Collector  under  the  two  last  preceding  sections.  But  the  party 
against whom the same may be given shall be at liberty to bring a suit in the Civil Court to establish his 
right at any time within one year from the date of the order; 

**Proviso.**—Provided  that,  if  the  order  be  for  the  sale  of  the  property,  the  suit  shall  not  be  for  the 
recovery of the property, but shall be for damages against the judgment-creditor by whom the property 
was brought to sale.

**CIV. Sale not vitiated by irregularity in publishing or conducting the same.**— No irregularity in 
publishing or conducting a sale of moveable property under an execution shall vitiate such sale, but this 
rule shall not be held to deprive any person who may sustain damage by reason of such irregularity from 
recovering  such damage  by  action  in  the  Civil  Court;  provided  such action be brought  within  one  year 
from the date of sale. 

**CV. Sale of transferable tenures in execution of decrees for arrears of rent.**—If the decree be for 
an arrear of rent due in respect of an under  tenure, which by the title-deeds or the custom of the country 
is  transferable  by  sale,  the  judgment-creditor  may  make  application  for  the  sale  of  the  tenure,  and  the 
tenure may thereupon be brought to sale in execution of the decree, according to the rules for the sale of 
under-tenures for the recovery of arrears of rent due in respect thereof contained in any law for the time 
being in force. But no such application shall be received when a warrant of execution has been previously 
issued against the person or moveable property of the judgment-debtor, so long as such warrant remains 
in force. If after sale of an under-tenure any portion of the amount decreed remains due, process may be 
applied for against any other property, moveable or immoveable, belonging to the debtor, and any such 
immoveable property may be brought to sale in the manner provided in section CX of this Act. 

**CVI. If third party claim to be the lawful possessor of such under-tenure, Collector to stay the 
sale and to enquire into and adjudicate upon the claim.**—If before the day fixed for the sale of any 
such under-tenure as aforesaid in execution of a decree for arrears of rent due in respect of such under-
tenure,  a  third  party  appear  before  the  Collector,  and  allege  that  such  third  party  and  not  the  person 
against  whom  the  decree  has  been  obtained,  is  the  proprietor  of  such  under-tenure,  and  was  in  lawful 
possession of the same at the time when such decree was obtained, the Collector shall examine such party 
in the manner provided in section C for the examination of third parties, and if he see sufficient reason for 
so doing, and such party shall deposit in Court the amount of the decree or give sufficient security and for 
the same, the Collector shall stay the sale and proceed to enquire into and adjudicate upon the claim. 

**Proviso.**—Provided  that  no  transfer  of  an  under-tenure  which  by  the  provisions  of  this  Act  or  any 
other  law  for  the  time  being  in  force  is  required  to  be  registered  in  the  Sherishteh  of  the  Zemindar  or 
superior tenant shall be recognized unless it have been so registered, or unless sufficient cause for non-
registration be shown to the satisfaction of the Collector.

**CVII. Mode of adjudicating such claims.**— In trying such claim the Collector shall be guided by 
the  rules  contained  in  this  Act,  so  far  as  the  same  may  be  applicable,  and  the  judgment  passed  by  the 
Collector on such claim shall not be subject to appeal, but the party against whom it is given may bring a 
suit in the Civil Court to establish his right at any time within one year from the date of the judgment. 

**CVIII. Execution  of  decrees  given  in  favor  of  sharers  in  undivided  estates  or  tenures.**—If  a 
decree is given in favor of a sharer in a joint undivided estate, dependent talook, or other similar tenure 
for  money  due  to  him  on  account  of  his  share  of  the  rent  of  an  under-tenure  situate  in  such  undivided 
estate  or  talook  or  tenure,  application  for  the  sale  of  such  under-tenure  shall  not  be  received  unless 
execution shall have been first taken out against any moveable property  which the judgment-debtor may 
possess within the District in which the suit was instituted and the sale of such property, if any, shall have 
proved insufficient to satisfy the judgment. In such case such under-tenure, if of the nature described in 
section  CV,  may  be  brought  to  sale  in  execution  of  the  decree  in  the  same  manner  as  any  other 
immoveable property may be sold in execution of a decree for money under the provisions of the two next 
following sections. 

**CIX.  In  all  cases  of  decrees  for  money,  if  judgment  cannot  be  satisfied  by  sale  of  debtor’s 
moveable  property,  execution may  be  had  against  his  immoveable  property.**—  In  the  execution  of 
any decree for the payment of money under this Act not being money due  as arrears of rent of a saleable 
under-tenure,  if  satisfaction  of  the  judgment  cannot  be  obtained  by  execution  against  the  person  or 
moveable property of the debtor within the District in which the suit was instituted, the judgment-creditor 
may apply for execution against any moveable property belonging to such debtor. 

**CX. Mode  of  executing  process  if  immoveable  property  be  a  house  or  other  building.**—If  the 
immoveable property against which execution is applied for be a house or other building, process shall be 
issued  in  the  same  manner  as  for  the  attachment  and  sale  of  moveable  property,  and  the  provisions  of 
sections XCVIII and XCIX shall be applicable to the execution of such process. 

**If it be a saleable under-tenure.**—If the property be a saleable under-tenure, it shall be sold under 
the  provisions  of  the  law  for  the  time  being  in  force  applicable  to  the  sale  of  such  under-tenures  for 
demands other than those of arrears of rent due in respect thereof. 

**If it be an estate or a share of an estate.**— If the property be an estate or a share of an estate, it shall 
be sold under the rules in force for the sale of estates for the recovery of demands recoverable by the same 
process as arrears of land revenue.

**CXI. Consequence of objection being offered before the sale of any immoveable property.**— If, 
before the day fixed for the sale of any immoveable property as aforesaid, objection shall be offered to the 
sale  on  the  ground  of  such  property  not  belonging  to  the  judgment-debtor,  and  consequently  not  being 
liable to be sold in execution of a decree against him, the Collector shall examine the party making the 
objection in the manner prescribed in section C for the examination of third parties, and if satisfied that 
there is sufficient ground for so doing, shall stay the sale and proceed to enquire into and adjudicate upon 
the  objection,  in  the  same  manner,  and  subject  to  the  same  right  of  suit  by  the  party  against  whom 
judgment may be given, as is provided in section CVII. 

**CXII. Produce of the land to be held hypothecated for the rent.**—The produce of the land is held 
to be hypothecated for the rent payable in respect thereof;

**Arrears of rent may be recovered by distraint under the following rules.**—and when an arrear of 
rent as defined in section XX of this Act, is due from any cultivator of land, the zemindar, lakherajdar, 
farmer, dependent talookdar, under-farmer, or other person entitled to receive rent immediately from such 
cultivator,  instead  of  bringing  suit  for  the  arrear  as  hereinbefore  provided,  may  recover  the  same  by 
distraint  and  sale  of the  produce of the  land  on  account  of  which the  arrear is due  under the  following 
rules. 

**Cultivators who have given security to be exempt from distraint.**— Provided always that, when a 
cultivator  has  given  security  for  the  payment  of  his  rent,  the  produce  of  the  land  for  the  rent  of  which 
security has been given, shall not be liable to distraint.

**Proviso.**—Provided also that no sharer in a joint estate, dependent talook, or other tenure in which a 
division of lands has not been made amongst the sharers, shall exercise the power of distraint otherwise 
than through a manager authorized to collect the rents of the whole estate, talook, or tenure, on behalf of 
all the sharers in the same.  

**Proviso.**—Provided further that, in Putteedaree estates situated in districts under the Government of 
the  Lieutenant-Governor  of  the  North-Western  Provinces,  distraint  shall  be  made  only  through  a 
Lumberdar. 

**CXIII. No distraint in certain cases.**—Distraint shall not be made for any arrear which has been due 
for a longer period than one year; nor for the recovery of any sum in excess of the rent payable for the 
same land in the preceding year, unless a written engagement for the payment of such excess has been 
executed by the cultivator.

**CXIV. Power of distraint to be exercised by managers under the Court of wards, &c.**—The 
power of distraint vested by section CXII in Zemindars and other persons entitled to received rent from 
cultivators  of  land,  may  be  exercised  by  managers  under  the  Court  of  Wards,  Surburakars,  and 
Tuhseeldars of estates held under khas management, and other persons lawfully entrusted with the charge 
of landed property; and also by the Naibs, Gomashtahs, and other agents employed by any such persons 
as aforesaid in the collection of rent if expressly authorized by power of attorney in that behalf. 

**Proviso.**—Provided that, if any illegal act is committed by any such Naib, Gomashtah, or other agent 
under color of the exercise of the said power, the person employing such agent shall be liable, as well as 
the agent, for any damages accruing by reason of such act. 

**CXV. Standing crops and crops gathered but not stored liable to distraint.**—Standing crops and 
other  ungathered  products  of  the  earth,  and  crops  or  other  products  when  reaped  or  gathered,  and 
deposited in any threshing floor or place for treading out grain or the like, whether in the  field or within a 
home-stead, may be distrained by persons invested with the powers of distraint under the provisions of 
this Act. But no such crops or products other than the produce of the land in respect of which an arrear of 
rent is due or of land held under the same engagement, and no grain or other produce after it has been 
stored by the cultivator, and no other property whatsoever, shall be liable to distraint under this Act. 

**CXVI. Defaulter to be served with a written demand &c. before or at the time of distraint.**— 
Before or at the time when distraint is made under this Act,  the distrainer shall cause the defaulter to be 
served  with  a  written  demand  for  the  amount  of  the  arrear,  together  with  an  account  exhibiting  the 
grounds on which the demand is made. The demand and account shall, if practicable, be served personally 
on the defaulter, or if he abscond or conceal himself so that they cannot be so served, shall be affixed at 
his usual place of residence.
 
**CXVII. Distress to be proportionate to the arrear if not paid or tendered.**—Unless the amount of 
the  demand  is  immediately  paid  or  tendered,  the  distrainer  may  distrain  property  as  aforesaid  of  value 
proportionate to the amount of the arrear with costs of the distress; 

**List of property  to be distrained, to be served on owner.**—and shall prepare a list or description of 
the said property, and deliver a copy the same to the owner, or if he be absent affix it at his usual place of 
residence.

**CXVIII. Standing crops &c., when attached to be reaped and stored by the cultivator, or, if he 
neglect  to  do  so,  by  the  distrainer.**—Standing  crops  and  other  ungathered  products  may,                  
notwithstanding  the  distraint,  be  reaped  and  gathered  by  the  cultivator  and  may  be  stored  in  such 
granaries or other places as are commonly used by him for the purpose. If the cultivator neglect to do so, 
the distrainer shall cause the said crops or products to be reaped or gathered, and in such case shall store 
the same either in such granaries or other places as aforesaid, or in some other convenient place in the 
neighbourhood.  In  either  case  the  distrained  property  shall  be  placed  in  the  charge  of  some  person 
appointed  by  the  distrainer  for the  purpose.  Crops or products  which from  their nature do  not  admit of 
being stored, may be sold before they are cut or gathered, under the rules hereinafter provided; but in such 
case the distraint shall be made at least twenty days before the time when the crops or products or any part 
of the same would be fit for cutting or gathering.

**CXIX.  Distrainer  may  apply  for  aid  to  the  Collector  upon  occasion  of  resistance  made  or 
apprehended.**— If a distrainer shall be opposed, or shall apprehend resistance, and shall desire to obtain 
the  assistance  of  a  public  Officer,  he  may  apply  to  the  Collector,  and  the  Collector  may,  if  he  thinks 
necessary, depute an Officer to support the distrainer in making the distraint.

**CXX. Persons empowered to distrain may give written authority to their servants to do so.**— 
When any person, empowered to distrain property under  section CXII or section CXIV, shall employ a 
servant or other person to make the distress,  he shall give to such servant or person a written authority 
(which  may  be  on  plain  paper)  for  the  same,  and  the  distress  shall  be  made  in  the  name  and  on  the 
responsibility of the person giving such authority. 

**CXXI. Distress  to  be  withdrawn  if  defaulter  tender  payment  of  arrear  and  expenses  of 
attachment prior to the day of sale.**—If at any time after property has been distrained, and prior to the 
day  fixed  for  its  being  put  up  to  sale  as  hereinafter  provided,  the  owner  of  the  property  shall  tender 
payment of the arrear demanded of him and of the expenses of the distress, the distrainer shall receive the 
same, and shall forthwith withdraw the distress. 

**CXXII. Application for sale.**—Within five days from the time of the storing of any distrained crops 
of products, or it crops or products do not, from their nature, admit of being stored, within five days from 
the time of making the distress, the distrainer shall apply for sale of the same to the Civil Court Ameen, or 
other Officer Authorized to sell property in satisfaction of decree of the Civil  Court within the circle in 
which  the  distrained  property  is  situate,  or  to  such  other  public  officer  as  the  local  Government  shall 
appoint for the purpose.

**CXXIII. Form of application.**—The  application  shall  be  in  writing,  and  shall  contain  an 
inventory or description of the property distrained, the name of the defaulter and his place of residence,  
the amount due, and the date of the distress, and the place in which the distrained property is deposited. 

**Cost of notice upon defaulter to be deposited by distrainer.**—Together with the application, the 
distrainer shall deliver to the Civil Court Ameen or other Officer the amount necessary for the service of a 
notice upon the defaulter as hereinafter provided. 

**CXXIV.  Procedure  by  Civil  Court  Ameen  &c.,  on  receipt  of  application.**—Immediately  on 
receipt  of  the  application  the  Civil  Court  Ameen  or  other  Officer  shall  transmit  a  copy  of  it  to  the 
Collector; and shall serve a notice (which shall be in the form (G) contained in the Schedule to this Act, 
or  to  the  like  effect  on  the  person  whose  property  has  been  distrained,  requiring  him  either  to  pay  the 
amount demanded, or to institute a suit to contest the demand before the Collector within period of fifteen 
days  from  the  receipt  of  the  notice.  He  shall  at  the  same  time  send  to  the  Collector  for  the  purpose  of 
being put up in his office, and if in the  North-Western Provinces, in the cutcherry of the Tuhseeldar, a 
proclamation fixing a day for the sale of the distrained property, which shall not be less than twenty days 
from the date of the application; and shall deliver a copy of the proclamation  to the peon charged with the 
service  of  the  notice,  to  be  put  up  by  him  in  the  place  where  the  distrained  property  is  deposited.  The 
proclamation shall contain a description of the property, the demand for which is to  be sold, and the place 
where the sale is to be held.

**CXXV. Ameen to suspend sale on receipt of Collector certificate of the institution of a suit.**—If a 
suit  shall  be  instituted  before  the  Collector  in  pursuance  of  the  aforesaid  notice,  the  Collector  shall 
transmit to the Civil Court Ameen or other Officer, or if so requested shall deliver to the owner of the 
distrained property a certificate of the institution of such suit; and on such certificate being received by or 
presented  to  the  Ameen  or  other  Officer,  he  shall  suspend  proceedings  in  regard  to  the  sale  of  the 
distrained property.

**CXXVI. Suit to contest distrainer’s demand before issue of notice of sale.**—A  person  whose 
property  has  been  distrained  in  the  manner  hereinbefore  provided,  may  institute  a  suit  to  contest  the 
demand of the distrainer immediately after the distraint of his property, and before the issue of notice of 
sale.  When  such  suit  is  instituted  the  Collector  shall  proceed  in  the  manner  prescribed  in  the  last 
preceding Section. If thereafter application for the sale of the property is made to the Civil Court Ameen 
or  other  Officer,  he  shall  transmit  a  copy  of  the  application  to  the  Collector,  and  suspend  further 
proceedings pending the decision of the case. 

**CXXVII. Distress  to  be  withdrawn  on  receipt  of  Collector’s  certificate  that  the  owner  has 
executed a bond with security to pay amount of decree with interest and costs.**—The person whose 
property has been distrained may, at the time of instituting any such suit as aforesaid, or at any subsequent 
period, execute bond with security binding himself to pay whatever sum may be adjudged to be due from 
him with interest and costs of suit, and when such bond is executed the Collector shall give to the owner 
of the property a certificate to that effect, or if  so requested shall serve the distrainer with notice of the 
same; and upon such certificate being presented to the distrainer by the owner of the property  or served 
on him by order of the Collector,  the property shall be released from distraint. 

**CXXVIII.  On  expiration  of  period  fixed  in  the  proclamation  of  sale,  if  institution  of  suit  to 
contest  distrainer’s  demand  have  not  been  certified,  sale  may  be  proceeded  with.**—  On  the 
expiration of the period fixed in the proclamation of sale, if the institution of a suit to contest the demand 
of  the  distrainer  has  not  been  certified  to  the  Civil  Court  Ameen  or  other  officer  in  the  manner 
hereinbefore  provided,    he  shall,  unless  the  said  demand,  with  such  costs  of  the  distress  as  shall  be 
allowed by him, be discharged in full, proceed to sell the property or such part of it as may be necessary 
in the manner following. 

**CXXIX.  Place  &  manner  of  sale  of  distrained  property.**—  The  sale  shall  be  held  at  the  place 
where the distrained property is deposited, or at the nearest gunge, bazar, haut, or other place of public 
resort, if the Civil Court Ameen or other Officer should be of opinion that it is likely to sell there to better 
advantage. The property shall be sold by public auction in one or more lots as the Officer holding the sale 
may  think  advisable; and  if  the  demand  with  the costs  of  distress  and sale  be  satisfied  by the sale  of a 
portion of the property, the distress shall be immediately withdrawn with respect to the remainder. 

**CXXX.  If  fair  price  be  not  offered,  sale  may  be  postponed  to  another  day,  and  shall  be  then 
completed at whatever price may be offered.**— If on the property being put up for sale a fair price in 
the estimation of the Officer holding the sale be not offered for it, and the owner of the property or some 
person  authorized  to  act  on  his  behalf  apply  to  have  the  sale  postponed  until  the  next  day,  or  the  next 
market day if a market be held at the place of sale, the sale shall be postponed until such day and shall be 
then completed whatever price may be offered for the property. 

**CXXXI. Payment of purchase money.**— The price of every lot shall be paid for in ready money at 
the time of sale or as soon after as the Officer holding the sale shall think necessary; and in default of 
such payment the property shall be put up again and sold. When the purchase money has been paid in full, 
the Officer holding the sale shall give the purchaser a certificate describing the property purchased by him 
and the price paid.
 
**CXXXII. Proceeds of sale.**—From the proceeds of the sale of distrained property the Officer holding 
the sale shall make a deduction at the rate of one anna in the Rupee on account of the costs of the sale, 
and shall transmit the amount to the Collector in order that it may be credited to Government. He shall 
then pay to the distrainer the expenses incurred by the distrainer on account of the distress and of the issue 
of the notice and proclamation of sale prescribed in section CXXIV to such amount as, after examination 
of  the  statement  of  expenses  furnished  by  the  distrainer,  he  shall  think  proper  to  allow.  The  remainder 
shall be applied to the discharge of the arrear for which the distraint was made with interest thereon up to 
the day of sale, and if there be any overplus it shall be delivered to the person whose property shall have 
been sold. 

**CXXXIII. Officers holding sales prohibited from purchasing.**—Officers holding sales of property 
under  this  Act,  and  shall  persons  employed  by  or  subordinate  to  such  officers,  are  prohibited  from 
purchasing either directly or indirectly any property sold by such officers. 

**CXXXIV.  All  irregularities  to  be  reported  to  the  Collector.**—Civil  Court  Ameen  and  other 
Officers as aforesaid are required to bring to the notice of Collectors any material irregularities committed 
by distrainers under color of this Act; and if in any case, on proceeding to hold a sale of property,  

**Officer not to proceed to sale; if he find that defaulter has not received due notice.**—the Civil 
Court Ameen or other Officer shall find that the owner of the property has not received due notice of the 
distress and intended sale, he shall postpone the sale and report the case to the Collector, and the Collector 
shall direct the issue of another notice and proclamation of sale under Section CXXIV or pass such other 
order as he may think proper.

**CXXXV.  Recovery  of  expenses  if  Ameen  proceeds  to  place  of  sale  and  no  sale  takes  place.**— 
When a Civil Court Ameen or other Officer has proceeded to any place for the purpose of holding a sale 
and no sale takes place either for the reason stated in the last preceding Section,  or because the demand 
of the distrainer has been previously satisfied, no intimation of such satisfaction having been given by the 
distrainer to the Civil Court Ameen or other Officer, the charge of one anna in the Rupee on account of 
expenses shall be leviable and shall be calculated on the estimated value .of the distrainer property. If the 
demand of the distrainer be not satisfied until the day fixed for the sale, the charge for expenses shall be 
paid  by  the  owner  of  the  property  and  may  be  recoverd  by  the  sale  of  such  portion  thereof  as  may  be 
necessary. In every other case it shall be paid by the distrainer and may be recovered by attachment and 
sale of the property of the dsitrainer under the warrant of the collector. Provided always that in no case 
shall a larger amount than ten Rupees be recoverable under this Section. 

**CXXXVI. Proceedings of Civil Court Ameens &c., subject to  revision  and  orders  of 
Collectors.**—All  proceedings  under  the  Act  of  the  Civil  Court  Ameens  and  other  officers  as  aforesaid 
shall be subject to the revision and orders of the Collectors, and the Collectors, with the sanction of the 
Boards  of  Revenue,  may  require  the  submission  of  such  periodical  reports  and  statements  of  business 
performed by the Civil Court Ameens and other Officers as may be thought necessary. 

**CXXXVII. Second proclamation of sale.**—When a suit has been instituted to contest the demand of 
a distrainer and the property has not been released on security, if the demand or any portion of it shall be 
adjudged  to  be  due,  the  Collector  shall  issue  an  order  to  the  Civil  Court  Ameen  or  other  Officer 
authorizing the sale of the property, and on the application of the distrainer, which shall be made within 
five  days  from  the  receipt  of  such  order  by  the  Civil  Court  Ameen  or  other  Officer,  such  Ameen  or 
Officer shall publish a second proclamation in the manner prescribed in Section CXXIV, fixing another 
day for the sale of the distrained property, which shall not be less than five nor more   than ten days from 
the date of the proclamation; and unless the amount adjudged to be due with the costs of distress be paid 
intermediately, shall proceed to sell the property in the manner hereinbefore provided. 

**CXXXVIII. Procedure  after  institution  of  suit  to  contest  distrainer’s  demand.**—  In  all  suits 
instituted  to  contest  the  demand  of  distrainer,  the  distrainer  shall  be  required  to  prove  the  arrear  in  the 
same manner as if he had himself brought suit for the amount under the foregoing provisions of this Act If 
the demand or any part thereof is found to be due, the Collector shall make a decree for the amount in 
favor of the distrainer, and the amount may be recovered by sale of the property as provided in the last 
preceding Section if the distress has not been withdrawn, and if any balance remain due after such sale by 
execution of the decree against the person and any other property of the defaulter, or if the property have 
been released on security by execution of the decree against the person and property of the defaulter and 
of his surety. If on the other hand the distraint is adjudged to be vexatious or groundless, the Collector, 
besides directing the release of the distrained property, may award such damages in favor of the plaintiff 
as the circumstances of the case shall seem to require. 

**CXXXIX. Any person, whose property has been distrained for arrears of rent alleged to be due 
from another, may institute a suit against the distrainer, &c.**—If any person shall claim as his own, 
property  which  has  been  distrained  for  arrears  of  rent  alleged  to  be  due  from  any  other  person,  such 
person may institute a suit against the distrainer and such other person, to try the right to the property, in 
the  same  manner,  and  under  the  same  conditions  as  to  the  time  of  instituting  the  suit  and  to  the 
consequent  postponement  of  sale,  as  a  person  whose  property  has  been  distrained  for  an  arrear  of  rent 
alleged  to be due from him may institute a suit to contest the demand. When any such suit is instituted 
the property may be released upon security being given for the value of the same. If the claim is dismissed 
the Collector shall make an order for the sale of the property or the recovery of the value thereof, as the 
case may be, for the benefit of the distrainer. If the claim is upheld, the Collector shall decree the release 
of  the  distrained  property  with  costs,  and  such  damages  (if  any)  as  the  circumstances  of  the  case  may 
seem to require.

**Proviso.**— Provided always that no claim  to any produce of land liable to distraint under this Act, 
which at the time of the distress may have been found in the possession of a defaulting cultivator, whether 
such claim be in respect of a previous sale, mortgage, or otherwise, shall bar the prior claim of the person 
entitled to the rent of the land, nor shall any attachment in execution of a judgment of any Civil Court 
prevail against  such prior claim. 

**CXL. Procedure if distrainer’s right to distrain be disputed.**— If, in any case in which property 
has been distrained for an arrear of rent and a suit has been instituted to contest the demand, the right· to 
distrain for such arrear is claimed by or on behalf of any person other than the distrainer on the ground of 
such other person being actually and in good faith in the  receipt and enjoyment of the rent of the land, 
such other person shall be made a party to the suit, and the question of the actual receipt and enjoyment of 
the rent by such other person before and up to the time of the commencement of the suit shall be enquired 
into,  and  the  suit  shall  be  decided  according  to  the  result  of  such  enquiry.  Provided  always  that  the 
decision of the Collector shall not affect the right of either party who may have a legal title to the rent of 
the land, to establish his title by suit in the Civil Court if instituted within one year from the date of the 
decision.

**CXLI.  Person  prevented  from  suing  time  to  save  their  property  from  sale,  may  sue  for 
damages.**—If  any  person,  whose  property  has  been  distrained  for  the  recovery  of  a  demand  not  justly 
due,  or  of  a  demand  due  or  alleged  to  be  due  from  some  other  person,  is  prevented  by  any  sufficient  
cause  from  bringing  suit  to  contest  the  demand  or  to  try  the  right  to  the  property  as  the  case    may  be 
within the period allowed by Section CXXIV and CXXXIX and his property is in consequence brought to 
sale, he may nevertheless institute a suit under this Act to recover damages for the illegal distress and sale 
of his property. 

**CXLII. Also  persons  aggrieved  by  any  illegal  act  of  distrainer.**—If  any  person  empowered  to 
distrain property or employed for the purpose under a written authority by a person so empowered, shall 
distrain or sell, or cause to be sold, any property for the recovery of an arrear of rent alleged to be due, 
otherwise than according to the provisions of this Act, or if any distrained property shall be lost, damaged, 
or  destroyed  by  reason  of  the  distrainer  not  having  taken  proper  precaution  for  the  due  keeping  and 
preservation  thereof,  or  if  the  distraint  shall  not  be  immediately  withdrawn  when  it  is  required  to  be 
withdrawn by any provision of this Act, the owner of the property may institute a suit under this Act to 
recover damages for any injury which he may have thereby sustained.

**CXLIII. Unlawful distraint.**—If any person not empowered to distrain property under Section CXII 
and CXIV of this Act, nor employed for the purpose under a written authority by a person so empowered, 
shall distrain or sell or cause to be sold any property under color of this Act, the owner of the property 
may institute a suit under this Act to recover damages from such person for any injury which he may have 
sustained from the distrain or sale. The said person shall be held to have committed criminal trespass, and 
shall be subject to the penalties for that offence in addition to any damages which may be awarded against 
him in such suit.

**CXLIV. Time for commencing suits for damages.**—Provided always that any suit which may be 
instituted under any of the last three Sections shall be commenced within three months form the due date 
of the occurrence of the cause of action.

**CXLV. Resistance of distraint.**—If any person shall resist a distraint of property duly made under 
this Act, or shal1forcibly or clandestinely remove any distrained property, the Collector, upon complaint 
being  made  within  fifteen  days  from  the  date  of  such  resistance  or  removal,  shall  cause  the  person 
accused to be arrested, and if the offence be proved and the offender be the owner of the property, shall 
order him to be imprisoned in the Civil jail for six months, or until the whole arrear due to the distrainer 
with  all  expenses  and  costs  shall  sooner  be  paid  or  levied  by  distress  and  sale  of  the  property  of  the 
offender  under  warrant  of  the  Collector.  If  the  person  convicted  of  the  offence  be  any  other  than  the 
owner  of  the  property,  he shall  make  good  to  the  distrainer  the  value  of  the  same,  and  shall  further  be 
liable to a fine not exceeding one hundred Rupees, or in default of payment thereof to imprisonment for a 
period not exceeding two months. 

**CXLVI. Service of process.**—Every process issued by a Collector under this Act shall be under the 
seal and signature of the Collector, and shall be served or executed by the Nazir or by such other Officer 
as the Collector may direct at the cost of the party at whose instance it issued. The amount of such cost, 
and, in the case of summons to a witness, any sum required for the travelling expences of such witness, 
shall  be  deposited  in  Court  before  the  process  is  issued.  Provided  that  if  in  any  case  the  Collectors  is 
satisfied that a party is unable to pay the cost of any necessary process, he may direct such process to be 
served free of charge.

**CXLVII. Resistance of process.**—Any resistance or opposition to the lawful process of a Collector 
under this Act may be punished by the Collector according to the provisions of the law for the time being 
in  force  for    the  punishment  of  resistance  or  opposition  to  the  processes  of  the  Court  of  Civil  justice. 
When in any such case the offender is not present in Court, the Collector may summon him to answer to 
the  charge,  and  if  after  due  service  of  the  summons  he  fail  to  attend,  any  issue  a  warrant  for  his, 
apprehension. Orders passed by Collectors under this Section shall not be deemed to be order relating to 
the trail of suits or to the execution of decrees within the meaning of Section CLI.

**CXLVIII. Collector competent to hold a Court in any part of his jurisdiction.**—  It  shall  be 
competent to the Collector to hold a Court for hearing and determining suits under this Act in any place 
within the limits of his District or local jurisdiction.  

**Proviso.**—Provided that every hearing and decision shall be in open Court, and that the parties to the 
suit or their authorized agents shall have had due notice to attend at such place. 

**CXLIX. Agents or mookhtas.**— Any person may practise as an agent or mookhtar in a Court held 
by a Collector under this Act without any formal license from the Collector. But it shall be competent to 
the Collector to prohibit any person, who has been convicted by a competent Court of a criminal offence, 
or who has been found guilty of fraudulent or dishonest conduct in the discharge of his duty as agent or 
mookhtar, to practice as an agent or mookhtar in his Court. When any agent or mookhtar is charged by 
the Collector or any other person with fraudulent or dishonest conduct in the discharge or his duty, the 
Collector shall proceed in the manner prescribed in Section IV Act XVIII of 1852, or any other law for 
the time being in force the trial of charges against pleaders. 

**CL. Powers of Deputy Collectors.**—All  the  powers  vested  in  the  Collector  by  the  preceding 
Sections of this Act may be exercised by any Deputy Collector in cases referred to him by a Collector, 
and in all cases without such reference, by any Deputy Collector places in charge of any Sub-division of a 
district; and all applications and reports allowed or required by this Act to be made to the Collector may 
be made to any Deputy Collector having such local jurisdiction. 

**CLI.  Collectors  and  Deputy  Collectors  to  be  subject  to  direction  and  control  of  the 
Commissioners  and  the  Boards  of  Revenue.**—  In  the  performance  of  their  duties  under  this  Act  the 
Collectors  and  Deputy  Collectors  shall  be  subject  to  the  general  direction  and  control  of  the 
Commissioners and the Boards of Revenue; and the Deputy Collectors shall be subject to the direction 
and control of the Collectors to whom they are subordinate. 

**No appeal from orders of Collectors and Deputy Collectors in certain cases.**— All orders passed 
by a Collector under this Act, not being judgments in suits or orders passed  in the course of suits and 
relating to the trial thereof  or orders passed after decree and relating to the execution thereof, shall be 
appealable to the Commissioner; and all such orders passed by a  Deputy Collector shall be appealable to 
the  Collector;  but  no  judgement  of  a  Collector  or  Deputy  Collector  in  any  suit,  and  no  orders  of  a 
Collector  or  Deputy  Collector  passed  in  any  suit  and  relating  to  the  trial  thereof,  or  after  decree  and 
relating to the execution thereof, shall be open to revision or appeal otherwise than as expressly provided 
in this Act. 

**CLII. Time for presenting appeals from orders.**— Every appeal  against the orders of a Collector 
shall be presented to the Commissioner within thirty days and every appeal against the order of a Deputy 
Collector shall be presented to the Collector within fifteen days from the date of the orders. Order passed 
in  appeal  by  a  Commissioner  or  a  Collector  shall  not  be  open  to  any.  further  appeal,  but  the  Board  of  
Revenue  or  the  Commissioner  may  call  for  any  case,  and  pass  such  orders  thereon  as  they  may  think 
proper.

**CLIII.  No  appeal  from  any  decree  of  Collector  for  money  below  100  Rs.  Unless  the  decision 
involve some question of right to enhance rents or some question relating to a title to land.**— In suits 
under Clauses 2, 4, and 7 of Section XXIII and under Section XXIV of this Act, tried and decided by a 
Collector,  if  the  amount  sued  for  or  the  value  of  the  property  claimed  does  not  exceed  one  hundred 
Rupees,  the  judgment  of  the  Collector  shall  be  final,  and  not  open  to  revision  or  appeal  except  as 
hereinafter provided, unless in any such suit a question of right to enchance or otherwise vary the rent of a 
ryot  or tenant, or any  question  relating  to  a title  to land,  or to  some  interest in  land  as  between  parties 
having conflicting claims thereto, has been determined by the judgment, in which case the judgment shall 
be open to appeal in the manner provided in Sections CLX and CLXI of this Act.  

**CLIV. In suits not open to appeal, Collector may grant a re-heating upon the discovery of new 
evidence, &c.**—In suits in which the judgment of the Collector is final as provided in the last preceding 
Section, the Collector may, upon the application of either party, if preferred within thirty days from the 
date of the decision, order the re-hearing of a suit, upon the ground of the discovery of new evidence or 
matter material to the issue of the case which the applicant had no knowledge of, or could not produce at 
the time of trial.

**CLV. Appeal from decision of Deputy Collector.**—When  any  such  suit  as  aforesaid,  in  which  if 
tried and decided by a Collector the judgment of the Collector would be final, is tried and decided by a 
Deputy Collector, an appeal from the judgment of the Deputy Collector shall lie to the Collector. 

**CLVI. Petition of  appeal  to  be  on stamp  paper, &c.**—The petition  of  appeal shall  be  written  on 
stamp paper of eight annas value and shall be presented to the Collector within fifteen days from the date 
of the  decree,  provided that  such  time  as  may  be requisite  for  procuring  a  copy  of  the decree  appealed 
against shall not be reckoned as part of the fifteen days.

**CLVII. Procedure in appeal.**—The Collector shall fix a day for hearing the appeal, and shall cause 
notice of the same to be served on the respondent in the manner hereinbefore prescribed for the service of 
summons.  If,  no  the  day  fixed  for  hearing  the  appeal  or  any  other  day  to  which  the  hearing  may  be 
adjourned,  the  appellant  shall  not  appear  in  person  or  by  an  agent,  the  appeal  shall  be  dismissed  for 
default.  If  the  appellant  shall  appear  and  the  respondent  shall  not  appear  in  person  or  by  an  agent  the 
appeal shall be heard ex parte. 

**CLVIII. Re-admission of appeal.**—  If  an  appeal  be  dismissed  for  default  of  prosecution,  the  
apellant, may within fifteen days from the date of the dismissal apply to the Collector for the re-admission 
of the appeal, and if it shall be proved to the satisfaction of the Collector that the appellant was prevented 
by any sufficient cause from appearing when the appeal was called on for hearing, the Collector may re-
admit the appeal.

**CLIX. Judgment in appeal.**—  After  hearing  the  appeal  the  Collector  shall  give  judgment  in  the 
manner hereinbefore prescribed for giving judgment in original suits, and the judgment of the Collector 
shall be final.

**CLX. In what suits appeal to lie to Zillah Judge.**— In all suits other than those in which when tried 
and decided by a Collector the judgment of the Collector is declared to be final or when tried and decided 
by a Deputy Collector an appeal is allowed to the Collector, an appeal from the judgment of the Co1lector 
or Deputy Collector shall lie to the Zillah Judge;

**To Sudder Court.**—unless the amount or value in dispute exceed five thousand  Rupees, in which 
case the appeal shall lie to the Sudder Court. 

**CLXI.  Rules  regarding  presentation  and  hearing  of  appeals.**—  The  petition  of  appeal  shall  be 
written on the stamp paper prescribed for appeals from the subordinate Civil Courts with reference to the 
amount or value of the property involved in the appeal, and the rules in force in regard to the time within 
which  appeals  from  the  decisions  of  such  Courts  may  be  received,  and  to  the  manner  in  which  such 
appeals are heard and determined, and to all proceedings which may be had in respect of such appeals, 
shall be applicable to appeals to the Zillah Judge or Sudder Court under this Act. 

**CLXII. Suits to be preferred in the Revenue Office of the District or Sub-division on which the 
greater part of the lands is situate.**—Suits under this Act shall be preferred in the Revenue Office of the 
District, or when a Sub-division of a District has been placed under the jurisdiction of a Deputy Collector, 
in the Revenue Office of the Sub-division in which the cause of action shall have arisen. Provided always 
that  the  Collector  may  withdraw  any  suit  from  any  Deputy  Collector  and  try  it  himself,  or  refer  it  to 
another Deputy Collector. If the lands comprised in any talook, farm, or other tenure,  Or any lands held 
under one lease or engagement or at entire rent in respect of which arrears of rent may be due, are situated 
in more than one District or Sub-division, the District or Sub-division, in which the greater part of such 
lands is situate shall be held to be the District or Sub-division in which the cause of action has arisen; and 
if any question shall be raised respecting the District or Sub-division in which the greater part of the lands 
is situate, the Board of Revenue, or if all the lands be situate in one District the Collector of the District 
shall decide the question, and such decision shall be conclusive on the point of jurisdiction. 

**CLXIII.  Except  as  above,  Collector  not  to  exercise  jurisdiction  in  respect  to  lands  situate 
beyond his District.**—Except as provided in the last preceding Section, no Collector shall exercise any 
jurisdiction under this Act in respect to any lands situate beyond the limits of the District to which he is 
appointed, by reason of such lands forming part of an estate the revenue of which is paid into the Treasury 
of the said District.  

**CLXIV. Deputy Collector entrusted with Police functions, not to exercise judicial powers under 
this Act.**— No Deputy Collector appointed under Regulation IX. 1833 of the Bengal Code shall exercise 
any judicial powers or other jurisdiction under this Act if entrusted with any Police functions. 

**CLXV.  What  powers  to be  exercised  by  Assistance  to  Collector.**—Assistants  to  Collectors  shall 
not  exercise  any  powers  under  this  Act  unless  invested  by  Government  with  the  powers  of  Deputy 
Collectors, in which case they may exercise the powers hereby assigned to Deputy Collectors. 

**CLXVI.  Saving  of  rights  of  proprietors  in  respect  of  Putnee  Talooks,  &c.,  under  Regulation 
VIII, 1819.**—Nothing contained in this Act shall be held to affect the right vested in proprietors of land 
under  direct  engagements  with  Government,  of  bringing  to  sale  for  arrears  of  rent  Putnee  Talooks  and 
other similar tenures under the provisions of Regulation VIII. 1819. 

**CLXVII. Commencement of Act.**—This Act shall commence and have effect from and after the 1st 
day of August, 1859. 

**CLXVIII. “Civil Jail”.**— The words" Civil Jail" as used in this Act shall include the Civil Jail of the 
Zillah  and  any  place  appointed  by  the  Executive  Government  for  the  confinement  of  prisoners  by  any 
Court constituted under this Act. 

**“Nazir”.**—The word "Nazir" shall include any Officer of a Court authorized to serve or execute its 
process.
 
**Number**—Unless there be something in the subject or context repugnant to such construction, words 
importing  the singular number  shall include the plural  number,  and  words importing  the  plural  number 
shall include the singular number,

**Gender.**— and words importing the masculine gender shall include females.
 
 

##SCHEDULE.  

###FORM A. (See Section 44.) 

FORM OF SUMMONS TO DEFENDANT. 

______ 

No.
		(of suit) dated 

In the Court of  


A. B., Plaintiff. 



[Name, description, and address of plaintiff.] 

C. D., Defendant. 



[Name, description, and address of defendant.] 

Whereas the said A. B. has brought a claim against you in this Court for (here specify particulars of 
claim as given in the statement,) you are hereby required to appear in person in this Court on the day of [if 
not specially required to appear in person, state, " in person or by an agent who has personal knowledge 
of  the  subject  or  who  shall  be  accompanied  by  a  person  who  has  such  knowledge"]  to  answer  the 
abovenamed plaintiff, and you will bring with you (or send by your agent) [here mention any document 
the  production  of  which  may  be required  by  the  plaintiff]  which the  plaintiff  desires to inspect,  and  all 
documents on which you may intend to rely in support of your defence. You will also bring with you your 
witnesses, if they are willing to  attend without issue of process.

______ 

###FORM B. (See Section 49.) 

FORM OF WARRANT OF ARREST 

_______ 
No. 

(of suit) dated 

In the Court of 


A. B., Plaintiff. 
C. D., Defendant. 

To the Nazir of the Court of the Collector of— 

Whereas the plantiff in this suit has obtained an order from the court for the arrest of the defendant, 
you are hereby commanded to bring the defendant before the Court on or before the day of to be delt with 
according of law.

Dated this 				Day of   						185. 

__________
 
###FORM C. (See Section 49.)  

FORM OR NOTICE TO ACCOMPANY SUCH WARRANT.

____ 

In the Court of

A. B., Plaintiff. 


[Name, description, and address of plaintiff.] 

C. D., Defendant. 


[Name, description, and address of defendant.] 

Whereas the said A. B. has brought a claim against you in this Court for  (here specify particulars if 
claim  as  given  in  the  statement)  and  has  obtained  a  warrant  for  your  arrest,  you  are  hereby  required, 
unless you admit  the claim, to bring with you to the Court all documents on which you may intend to rely 
in support of your defence.

_______ 

###FORM D. (See Section 51.) 

FORM OR SECURITY BOND FOR APPEARANCE OF DEFENDANT. 

________ 

Whereas A. B., plaintiff, has instituted a suit in the Court of the Collector of                   against C. D. 
defendant,  and  the  said  C.  D.  has  been  required  to  give  security  for  his  appearance  at  any  time  when 
called  on  while the  suit is depending  and  until  execution  of  the  decree,  I,  E.  F.,  hereby  declare  myself 
surety for the said C. D.'s appearance as aforesaid, and in case of his making default in such appearance, I 
engage to pay any sum for the payment of which the said C. D. may be liable under the decree. If the suit 
be· for the delivery of papers or accounts specify some sum to be fixed by the Collector.

________ 

###FORM E. (See Section 86.) 

WRIT OF EXECUTION AGAINST THE PERSON. 
__________ 

A. B., Plaintiff. 

C.D., Defendant. 

To the Nazir of the Court of the Collector of— 

Whereas the said C. D. was directed by a decree of this Court, under date the                     day of           
185, to pay to A. B. the sum of               and                 for costs of suit, amounting to                  , and 
whereas , be said C. D. has omitted to pay the same, you are hereby commanded to apprehend the said             
C. D., and to bring him with all convenient speed before this Court to be dealt with according to law. 

________ 
 
###FORM F. (See Section 86.) 

WRIT OF EXECUTION AGAINST THE EFFECTS. 

________ 

A. B., Plaintiff. 

C. D., Defendant. 

To the Nazir of the Court of the Collector— 

Whereas C. D. was directed by a decree of this Court under date the day of 185, to pay to A.B. the 
sum of                and           for costs of suit, amounting to              , and wheareas the said C. D. has 
omitted to pay the same, you are hereby commanded to levy the said sum of        , and the sum of         for 
costs  of  executing  this  process,  bye  seizure  and  sale  of  such  moveable  property  of  the  said  C.D.  as  (is 
described in the list annexed, and) [*if no list is furnished, these words to be omitted*] shall be pointed out 
to you by the judgement-creditor or his agent; and you are hereby ordered to sell such property of the said 
C.D., on some convenient day, not being less than ten nor more than fifteen days from the day of seizure, 
unless the amount leviable as aforesaid shall be sooner paid; and you are hereby commanded to certify to 
me what you shall do by virtue of this warrant. 

_______ 

###FORM G. (See Section 124.) 

FORM OF NOTICE TO OWNER OF DISTRAISED PROPERTY. 

______ 

Office of                                     Commissioner for sale of distrained property. 

A. B., Distrainer.

[Name, Description, and address of the owner of the property.]

Whereas the said A. B. has applied to have the distrained property specified below sold for the recovery 
of alleged to be due to him as arrears of rent, you are hereby required either to pay the said sum to the said 
A. B., or to institute a suit before the Collector to contest the demand within 
fifteen days from· the receipt of this notice, failing which the property will be soId. 

Dated this                                             day of                                                   185.

___________